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Conditions Joint Duties In Non 1. make such investigation defense or settlement as we deem reasonable Admitted Jurisdictions i f 2. obtain our approval for any payment and continued PP Y pay effect approved payments to others in accordance with the terms and conditions of 1. make such investigation defense or settlement as we deem reasonable 2. obtain our approval for any payment and 3. effect approved payments to others in accordance with the terms and conditions of this insurance. we will reimburse funds to the insured for payments approved by us for 1. loss and 2. expenses and other payments to which this insurance applies. we will make those reimbursements 1. in a jurisdiction that is mutually acceptable and 2. until we have used up the applicable Limits Of Insurance. Legal Action Against Us Legal Action Against Us Maintenance Of Underlying Insurance And Underlying Limits No person or organization has a right under this insurance to join us as a party or otherwise bring us into a suit seeking damages from an insured or sue us on this insurance unless all of the terms and conditions of this insurance have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial in a civil proceeding or arbitration or other alternative dispute resolution proceeding but we will not be liable for damages that are not payable under the terms and conditions of this insurance or that are in excess of the applicable Limits Of Insurance. We have issued this insurance in reliance upon representations made by you about underlying insurance and underlying limits. You must see to it that underlying insurance is and remains valid and in full force and effect. underlying insurance will not be cancelled non renewed or rescinded without replacement by coverage to which we agree. the terms and conditions of underlying insurance will not materially change unless we agree otherwise. the terms and conditions of renewals or replacements of underlying insurance shown in the Schedule Of Underlying Insurance will be materially the same as the prior coverage unless we agree otherwise. the underlying limits are and remain available regardless of any bankruptcy insolvency or other financial impairment of any insurer or any other person or organization. the underlying limits shown in the Schedule Of Underlying Insurance will not be reduced or exhausted except for the reduction or exhaustion by payment of judgments settlements or related costs or expenses if such costs or expenses reduce such limits. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 22 of 32
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Chubb Commercial Excess And Umbrella Insurance Conditions Maintenance Of Underlying Insurance And Underlying Limits continued Other Insurance Separation Of Insureds Titles Of Paragraphs Transfer Of Rights And Duties Rights Of Recovery Against Others Failure to comply with this condition will not invalidate this insurance. But in the case of any such failure our obligation or liability will not exceed that which would have applied absent any failure to comply with this condition. You must notify us as soon as practicable if any underlying insurance is no longer valid or in full force or effect. If other valid and collectable insurance is available to the insured for loss we would otherwise cover under this insurance our obligations are limited as follows. This insurance is excess over any other insurance whether primary excess contingent or on any other basis. We will have no duty to defend the insured against any suit if any provider of any other insurance has a duty to defend such insured against such suit. We will pay only our share of the amount of loss if any that exceeds the sum of the total amount that all other insurance would pay for loss in the absence of this insurance and of all deductible and self insured amounts under all other insurance. This insurance is not subject to the terms or conditions of any other insurance. Except with respect to the Limits Of Insurance and any rights or duties specifically assigned in this insurance to the first named insured this insurance applies as if each named insured were the only named insured and separately to cach insured against whom claim is made or suit is brought. The titles of the various paragraphs of this policy and endorsements if any attached to this policy are inserted solely for convenience or reference and are not to be deemed in any way to limit or affect the provisions to which they relate. Your rights and duties under this insurance may not be transferred without our written consent. However if you die then your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative or to anyone having temporary custody of your property until your legal representative has been appointed. We will waive the right of recovery we would otherwise have had against another person or organization for loss to which this insurance applies provided the insured has waived their rights of recovery against such person or organization in a contract or agreement that is executed before loss. To the extent that the insured s rights to recover all or part of any payment made under this insurance have not been waived those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 23 of 32
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Conditions Transfer Or Waiver Of Any amount recovered will be apportioned as follows ARQ. S.Zecover Y first we shall receive all amounts recovered until we have been fully reimbursed for all gainst Others amounts we have incurred including costs or expenses of such recovery proceedings. continued. Then you are entitled to claim for any further amount recovered. Transfer Or Waiver Of Any amount recovered will be apportioned as follows ARQ. S Zece Y. first we shall receive all amounts recovered until we have been fully reimbursed for all gainst Oihers amounts we have incurred including costs or expenses of such recovery proceedings. continued Then you are entitled to claim for any further amount recovered. When We Do Not Renew If we decide not to renew this policy we will mail or deliver to the first named insured stated in the Declarations written notice of the nonrenewal not less than sixty 60 days before the expiration date. If notice of nonrenewal is mailed proof of mailing will be sufficient proof of notice. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 24 of 32
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Chubb Commercial Excess And Umbrella Insurance Definitions WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO Umbrella Coverage B INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Advertisement Advertisement means an electronic oral written or other notice about goods products or services designed for the specific purpose of attracting the general public or a specific market segment to use such goods products or services. Advertisement does not include any e mail address Internet domain name or other electronic address or metalanguage. Aavertising Injury Advertising injury means injury other than bodily injury property damage or personal injury sustained by a person or organization and caused by an offense of infringing in that particular part of your advertisement about your goods products or services upon their copyrighted advertisement or registered collective mark registered service mark or other registered trademarked name slogan symbol or title. Auto Auto Bodily Injury Employee Auto means a land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. Bodily injury means physical disease sustained by a person including resulting death humiliation mental anguish mental injury or shock at any time. All such loss shall be deemed to occur at the time of the physical injury sickness or disease that caused it. Employee includes a leased worker. Employee does not include a temporary worker. Impaired Property Impaired property means tangible property other than your product or your work that can not be used or is less useful because it incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or you have failed to fulfill the terms or conditions of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms or conditions of the contract or agreement. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 25 01 32
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Definitions Umbrella Coverage B continued Insured Contract Intellectual Property Law Or Right Leased Worker Loading Or Unloading WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Insured contract means an oral or written contract or agreement pertaining to your business in which you assume the tort liability of another person or organization to pay damages to which this insurance applies sustained by a third person or organization provided the injury or damage oceurs or is caused by an offense that is first committed after the execution of such contract or agreement. Intellectual property law or right means any certification mark copyright patent or trademark including collective or service marks right to or judicial or statutory law recognizing an interest in any trade secret or confidential or proprietary non personal information other right to or judicial or statutory law recognizing an interest in any expression idea likeness name slogan style of doing business symbol title trade dress or other intellectual property or other judicial or statutory law concerning piracy unfair competition or other similar practices. Leased worker means a person leased to a party by a labor leasing firm in a contract or agreement between such party and the labor leasing firm to perform duties related to the conduct of the party s business. Leased worker does not include a temporary worker. Loading or unloading A. means the handling of property 1. after it is moved from the place where it is accepted for movement into or onto an aircraft auto or watercraft 2. while it is in or on an aircraft auto or watercraft or 3. while it is being moved from an aircraft auto or watercraft to the place where it is finally delivered. B. does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft auto or watercraft. Occurrence Occurrence Occurrence means an accident including continuous or repeated exposure to sul same general harmful conditions. Officer Officer means a person holding any of the officer positions created by an organization s charter constitution by laws or any other similar governing document. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 26 01 32
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Definitions Umbrella Coverage B continued Personal Injury Products Completed Operations Hazard Chubb Commercial Excess And Umbrella Insurance WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Personal injury means injury other than bodily injury property damage or advertising injury caused by an offense of A B. C. false arrest false detention or other false imprisonment malicious prosecution wrongful entry into wrongful eviction of a person from or other violation of a person s right of private occupancy of a dwelling premises or room that such person occupies if commited by or on behalf of its landlord lessor or owner electronic oral written or other publication of material that 1. libels or slanders a person or organization which does not include disparagement of goods products property or services or 2. violatesa person s right of privacy discrimination harrassment or segregation based on a person s protected human characteristics as established by law. Products completed operations hazard A includes all bodily injury and property damage taking place away from premises owned or accupied by or loaned or rented to you and arising out of your product or your work except 1. products that are still in your physical possession or 2. work that has not yet been completed or abandoned. Your work will be deemed completed when all of the work called for in your contract or agreement has been completed. all of the work to be performed at the site has been completed if your contract or agreement calls for work at more than one site. that part of the work completed at a site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. does not include bodily injury or property damage arising out of 1. the transportation of property unless the injury or damage results from a condition in or on a vehicle not owned or operated by or loaned or rented to you and that condition was created by the loading or unloading of that vehicle by any insured 2. the existence of tools uninstalled equipment or abandoned or unused materials or Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 270132
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Definitions Umbrella Coverage B Products Completed Operations Hazard continued Property Damage Temporary Worker Your Product Your Work WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. 3. products or operations for which the classification in our rules indicates that such products or operations are not subject to the Products Completed Operations Aggregate Limits Of Insurance. Property damage means physical injury to tangible property including resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. Tangible property does not include any software data or other information that is in electronic form. Temporary worker means a person who is furnished to a party to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Your product A means any 1. goods or products other than real property manufactured sold handled distributed or disposed of by a. you b. others trading under your name or c. aperson or organization whose or business you have acquired and 2. containers other than vehicles materials parts or equipment furnished in connection with such goods or products. B. includes 1. representations or warranties made at any time with respect to the durability fitness performance quality or use of your product and 2. the providing of or failure to provide instructions or warnings. C. does not include vending machines or other property loaned or rented to or located for the use of others but not sold. Your work A means any 1. work or operations performed by a. you oron your behalf or b aperson or organization whose assets or business you have acquired and mpleted lazard Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 28 of 32
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Chubb Commercial Excess And Umbrella Insurance Definitions WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO Umbrella Coverage B INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Your Work 2. materials parts or equipment furnished in connection with such work or operations. continued B. includes 1. representations or warranties made at any time with respect to the durability fitness performance quality or use of your work and 2. the providing of or failure to provide instructions or warnings. Policy Definitions Policy Definitions Agreed Settlement Asbestos Hostile Fire Insured Non Admitted Jurisdiction WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Asbestos means asbestos in any form including its presence or use in any alloy by product or other material or waste. Waste includes material to be recycled reconditioned or reclaimed. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Insured means a person or an organization qualifying as an insured in the Who Is An Insured sections of this contract. means damages that the insured becomes legally obligated to pay because of injury or damage. does not include sums properly deducted for recoveries or salvage. Non admitted jurisdiction means any jurisdiction where we are not licensed or permitted by law to issue insurance or prevented by law or otherwise from investigating defending or settling an occurrence offense claim or suit. Agreed Settlement Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 290132
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Policy Definitions continued Nuclear Facility WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Nuclear facility means any A B. D. nuclear reactor equipment or device designed or used for 1. separating the isotopes of plutonium or uranium 2. processingor utilizing nuclear spent fuel or 3. handling processing or packaging nuclear waste equipment or device used for the processing fabricating or alloying of nuclear material if at any time the total amount of such mat in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 1. twenty five 25 grams of plutonium or uranium 233 or any combination thereof or 2. two hundred fifty 250 grams of uranium 235 or structure basin excavation premises or place prepared or used for the storage or disposal of nuclear waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear Facility Nuclear Hazardous Properties Nuclear Material Nuclear Property Damage Nuclear hazardous properties include radioactive toxic or explosive properties. Nuclear material means by product material source material or special nuclear material. By product material source material and special nuclear material have the meanings given them in the United States of America Atomic Energy Act of 1954 or in any law amendatory thereof. Nuclear property damage includes all forms of radioactive contamination of property. Nuclear hazardous properties include radioactive toxic or explosive properties. Nuclear Reactor Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of onable material. Nuclear Spent Fuel Nuclear Spent Fuel Nuclear spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 30 of 32
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Policy Definitions continued Nuclear Waste Other Insurance Pollutants Underlying Insurance Chubb Commercial Excess And Umbrella Insurance WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Nuclear waste means any waste material containing nuclear material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and resulting from the operation by any person or organization of any nuclear facility described in subparagraphs A. or B. of the definition of nuclear facility. ding coverage that this insurance would also afford. surance or other mechanism arranged for funding of Other insurance means any insurance a Other insurance includes any type of self. loss. Other insurance does not include underlying insurance or insurance negotiated specifically to apply in excess of this insurance. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Suit means a civil proceeding in which damages to which t urance applies are sought. Suit includes an arbitration or other dispute resolution proceeding in which such damages are sought and to which the insured must submit or does submit with our consent. Underlying insurance means the coverages for the hazards described in the Schedule Of Underlying Insurance and the next renewal or replacement insurance thereof. Policy Definitions continued Nuclear Waste Underlying Limits Underlying limits means the sum of amounts A shown for the hazards described in the Schedule Of Underlying Insurance consisting of amounts 1. available under applicable underlying insurance and 2. any insured must pay because underlying insurance as represented by you is not available regardless of the reason available under any applicable antecedent renewal or replacement of underlying insurance of any allocation deductible participation retention or other self insurance applicable to the insurance described in paragraphs A. and B. above and any reinstatement of limits or supplemental or other limits available under the insurance described in paragraphs A. and B. above. Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 31 0132
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Policy Definitions WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Underlying Limits If amounts available under the applicable underlying insurance described in the Schedule Of continued Underlying Insurance are greater or less than the amount shown in such Schedule then the greater of such amounts shall apply in the computation of underlying limits. Underlying Limits continued Reference Copy Chubb Commercial Excess And Umbrella Insurance Contract Page 32 of 32
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Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH312015 MARCH 312014 To MARCH31 2 March 312014 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued March 282014 0 Under Conditions the condition titled Cancellation And When We Do Not Renew are deleted and replaced by the following Conditions Kansas Mandatory Cancellation Cancellation We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation stating the reasons for cancellation at least 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 30 days before the effective date of cancellation if we cancel for any other reason. If this policy has been in effect for 90 days or more or if it is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons nonpayment of premium this policy was issued because of material misrepresentation you or any other insured violated any of the material terms and conditions of this policy unfavorable underwriting factors specific to you exist that were not present at the inception of this policy a determination by the insurance commissioner that continuation of coverage could place us in a hazardous financial condition or in violation of the laws of Kansas or a determination by the insurance commissioner that we no longer have adequate reinsurance to meet our needs. Reference Copy Chubb Commercial Excess And Umbrella Insurance Conditions Kansas Cancellation And When We Do Not Renew continued 02 Endorsement Page 1
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Conditions Kansas Mandatory continued When We Do Not Renew If we decide not to renew this policy we will mail or deliver written notice of nonrenewal stating the reasons for nonrenewal to the first named insured at least 60 days prior to the expiration of the policy. If we decide not to renew this policy we will mail or deliver written notice of nonrenewal stating the reasons for nonrenewal to the first named insured at least 60 days prior to the expiration of the policy. Any notice of nonrenewal will be mailed or delivered to the first named insured s last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. All other terms and conditions remain unchanged. Authorized Representative Q S 7 March 28 2014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Conditions Kansas Cancellation And When We Do Not Renew last page 02 Endorsement Page 2
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Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH 312015 MARCH 312014 To MARCH312 March 312014 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued March 28 2014 Conditions Compliance With Applicable Trade Sanctions Under Conditions the following condition is added to the policy This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance. This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance. All other terms and conditions remain unchanged. Authorized Representative LD1 March 28 2014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Compliance With Applicable Trade Sanctions last page Form 07 02 1988 Rev. 2 04 Endorsement Page T
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Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH312015 MARCH 312014 To MARCH3I2 March 31 2014 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued March 28 2014 SCHEDULE A Limits Of Insurance Crisis As tance For Excess And Umbrella Aggregate Limit The lesser of 3 of the Each Occurrence Limit shown in the Declarations as of the inception date of this policy or 300000. e S A section titled Coverage Crisis Assistance For Excess And Umbrella is added to this contract. Coverage Crisis Subject to all of the terms and conditions of this insurance we will pay on behalf of the insured Assistance For crisis assistance expenses up to the amount of the Crisis Assistance For Excess And Umbrella Excess And Umbrella Aggregate Limit shown in Schedule A arising out of a crisis event that first commences during the policy period of this insurance. A crisis event will be deemed to first commence at the time during the policy period of this insurance when you notify us in accordance with the Special Duties In The Event Of A Ci provision of this Endorsement. Event event will be deemed to end one hundred and elghly 180 days after the date of notice of the crisis event was given to us by you or when the Crisis As Aggregate Limit shown in this Endorsement is exhausted whchever occurs first. Any payment of crisis assistance expenses that we make under the coverage provided by this Endorsement will not be an acknowledgementof coverage under this insurance. Reference Copy Chubb Commercial Excess And Umbrella Insurance Coverage Crisis Assistance For Excess And Umbrella continued Form 07 02 2440 Ed. 12 10 Endorsement Page 1
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Under Limits Of Insurance the following provision is added. Limits Of Insurance Crisis Assistance For The Crisis Assistance For Excess And Umbrella Aggregate Limit shown in Schedule A is the most Excess And Umbrella we will pay for crisis assistance expenses. Aggregate Limit The Crisis Assistance For Excess And Umbrella Aggregate Limit Crisis Assistance For ssistance For Excess And Umbrella Aggregate Limit shown in Schedule A is the most Excess And Umbrella we will pay for crisis assistance expenses. Aggregate Limit ssistance For Excess And Umbrella Aggregate Limit applies to the entire policy period shown in the Declarations and not separately to any portion whether annual or otherwise thereof will not be reinstated or increased and will not reduce any other limits under this policy. B 5 200 Under Conditions the following conditions are added. Conditions Special Duties In The You must see to it that within twenty four 24 hours of a crisis event Event Of A Crisis Event A one of the crisis assistance service providersis notified by telephone and You must see to it that within twenty four 24 hours of a crisis event A B. one of the crisis assistance service providersis notified by telephone and we are notified To the extent possible notice should include 1. Eal how when and where the crisis event took place s of any injured persons and witnesses the names and addre the nature and location of any injury or damage arising out of the crisis event and the reason why the eventis likely to involve injury or damage covered by this policy and involve significantadverse regional or national media coverage. Other Crisis Assistance Insurance Other Crisis Assistance If you have other insurance that provides coverage for cri Insurance insurance then this insurance will be considered excess i payable by such other insurance. tancealso covered by this surance over and above the amount e e Under Policy Definitions the following definitions are added. Policy Definitions Crisis Assistance Crisis assistance expenses means the following expenses incurred by the insured during a crisis Expenses event to which this insurance applies which are reasonable necessary and directly attributable to that crisis event Crisis assistance expenses means the following expenses incurred by the insured during a crisis event to which this insurance applies which are reasonable necessary and directly attributable to that crisis event expenses to secure the scene of a l fees charged by a crisis as service or advice event stance service provider shown in Schedule B for professi funeral or related service expens psychological or grief couns ling expenses temporary living expenses Reference Copy Chubb Commercial Excess And Umbrella Insurance Coverage Crisis Assistance For Excess And Umbrella continued Form 07 02 2440 Ed. 12 10 Endorsement Page 2
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Chubb Commercial Excess And Umbrella Insurance Endorsement Effective Date March 312014 Policy Number 7989 34 08 S Policy Definitions Crisis Assistance Expenses continued travel expenses and any other expenses approved by us. S travel expenses and any other expenses approved by us. Crisis Assistance Service Provider Crisis assistance service provider means any firm A. shown in Schedule B or B. for which we at our sole discretion have provided written approval prior to the crisis event as evidenced in an endorsementto this policy and which is hired by you. We reserve the right to modify the list of firms shown in Schedule B without notice. Crisis Event Crisis Event Crisis event means an event that you reasonably believe has resulted or may result in A damages covered by this policy that are in excess of any applicable 1. 3. other insurance and B. significantadverse regional or national media coverage. S e e e e e e e e Schedule B ance Service Providers on www.chubb.com. We do not provide or make any representations or warranties in connection with the services provided by the firms listed above. All other terms and conditions remain unchanged. Authorized Representative o March 28 2014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Coverage Crisis Assistance For Excess And Umbrella last page Form 07 02 2440 Ed. 12 10 Endorsement Page 3
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Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured MARCH 312014 To MARCH3I X March 31 2014 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. To MARCH31 2015 Name of Company FEDERAL INSURANCE COMPANY Date Issued March 28 2014 s 0 Under Conditions the following condition s added. Conditions Civil Unions Or Domestic All references in the policy to spouse include a party to a civil union or domestic partnership Partnerships recognized under the applicable law of the jurisdiction having authority. All other terms and conditions remain unchanged. Q. Authorized Representative 491 Reference Copy Chubb Commercial Excess And Umbrella Insurance Conditions Civil Unions Or Domestic Partnerships last page Form 07 02 2483 Ed. 3 12 Endorsement Page 1
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Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH312015 MARCH 312014 To MARCH31 2 March 312014 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued March 282014 A A new section titled Terrorism Provisios e added to the end of this contract. Terrorism Provisions Cap On Certified 1f Terrorism Losses aggregate insured losses attributable to one o more certified acts of terrorism under the terrorism law exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the terrorism law we will not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. S A new section titled Terrorism Definitions is added. Terrorism Definitions Certified Act Of Certified act of terrorism means any act that is certified by the Secretary of the Treasury in Terrorism concurrence with the Secretary of State and the Attorney General of the United States to be an act A. of terrorism a violent act or an act that is dangerous to human life property or infrastructure and B. that results in damage 1. within the United States or 2. outside of the United States in the case of a. anair carrier or vessel as described in the terrorism law or b. the premises of a mission of the United States of America which was committed by an individual or individuals as part of an effort to coerce the civilian population or Cap rified Terarism Losses continued Endorsement Page 1 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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Terrorism Definitions Cenied Act Of Terrorism. influence the policy or affect the conduct of the Government continued of the United States. Certified act of terrorism does not include an act that is committed as part of the course of a war declared by the Congress of the United States or does not result in property and casualty insurance losses that exceed 5 million in the aggregate and are attributable to all types of insurance subject to the terrorism law. State State means any state of the United States of America the District of Columbia the Commonwealth of Puerto Rico the Commonwealth of the Northern Mariana Islan Samoa Guam each of the United States Virgin Islands and any territory or p United States of America. s American on of the Terrorism Law Terrorism law means the Terrorism Risk Insurance Act of 2002 Pub. L.107 297 as amended by the Terrorism Risk Insurance Extension Act of 2005 Pub. L.109 144 and the Terrorism Risk Insurance Program Reauthorization Act of 2007 Pub. L.110 160. United States United States means astate and the territorial sea and the continental shelf of the United States of America as described in the terrorism law. All other terms and conditions remain unchanged. Authorized Representative March 28 2014 Cap On Cegified TerrorisrpLosses last page Endorsement Page 2 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period MARCH 31 2014 To MARCH312015 Effective Date March 312014 Policy Number 7989 34 08 Insured U STOR MIDSTATES MANAGEMENT INC. To MARCH312015 Name of Company FEDERAL INSURANCE COMPANY Date Issued March 282014 R S Under Policy Exclusions the following exclusion is added to this policy and replaces any similar exclusion contained therein Policy Exclusions Information Laws Including Unauthorized Or Unsolicited Communications This insurance does not apply to any liability or loss cost or expense arising out of any actual alleged or threatened violation of the United States of America CAN SPAM Act of 2003 or any law amendatory thereof or any similar regulatory or statutory law in any other jurisdiction the United States of America Telephone Consumer Protection Act TCPA of 1991 or any law amendatory thereof or any similar regulatory or statutory law in any other jurisdiction the United States of America Fair Credit Reporting Act FCRA or any law amendatory thereof including the Fair and Accurate Credit Transactions Act FACTA or any similar regulatory or statutory law in any other jurisdiction or any other regulatory or statutory law in any jurisdiction that addresses limits or prohibits the collecting communicating disposal dissemination distribution monitoring printing publication recording sending or transmitting of content information or material. All other terms and conditions remain unchanged. Q Authorized Representative LD March 28 2014 PolicyRSERERRLLIAPHion Laws Including Unauthorized Or Chubb Commersial Excess And Umbrella Insurance Unsolicited Communications last page Form 07 02 2172 Rev. 1 13 Endorsement Page 1
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Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH 312015 MARCH 312014 To MARCH31 2l March 312014 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued March 282014 e Under Limits Of Insurance the provision titled Products Completed Operations Aggregate Limit is deleted. The provision titled Excess Coverage Other Aggregate Limit is deleted and replaced by the following aaawitie Limits Of Insurance Excess Coverage Other Subject to the Each Occurrence Limit the Excess Coverage Other Aggregate Limit is the most we Aggregate Limit will pay for the sum of loss under Excess Follow Form Coverage A except loss arising out of advertising injury or personal injury or otherwise covered by underlying insurance but to which no aggregate limit in such underlying insurance applies. All other terms and conditions remain unchanged. Authorized Representative QL March 28 2014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Limits Of Insurance Excess Coverage Other Aggregate Limit last page Form 07 02 2184 Ed. 1 05 Endorsement Page 1
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Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH 312015 MARCH 312014 To MARCH312 March 31 2014 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Policy Exclusions Construction Or Development Or Maintenance Or Renovation Name of Company FEDERAL INSURANCE COMPANY Date Issued March 28 2014 kit i e e e e e e e e B e e Under Policy Exclusions the following exclusionis added. This i urance does not apply to any liability or loss cost or expense arising out of any construction or development or maintenance or renovation This exclusion applies regardless of A. whether such operations or work are or were performed or completed Construction Or surance does not apply to any liability or loss cost or expense arising out of any Development Or construction or development or maintenance or renovation Maintenance Or This exclusionapplies regardlessof Renovation A whether such operations or work are or were performed or completed 1. by you oron your behalf 2. foryou 3. by or for others or 4. for sale to others and B. when or where such operations or work are or were performed or completed. With respect to Coverage Excess Follow Form Coverage A this exclusion does not apply to maintenance or renovations operations.. W Under Policy Definitions the following definitions are added. Policy Definitions Construction Or Construction or development means any Development addition o any building or other structure Construction or development means any addition to any building or other structure complete or partial constructionor demolition or erection of any building or other structure or planning site preparation surveying or other constructionor developmentof real property. Reference Copy Chubb Commercial Excess And Umbrella Insurance Exclusions Construction Or Development continued Form 07 02 2244 Ed. 1 08 Endorsement Page 1
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Policy Definitions continued Maintenance Or Maintenance or renovation Renovation A means Maintenance or renovation A means 1. alteration or renovation operations or 2. maintenance or repair operations. does not include any structural alteration that involves changing the size of or any demolishingor moving of any building or other structure. All other terms and conditions remain unchanged. Q. Authorized Representative.Q March 28 2014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Exclusions Construction Or Development last page Form 07 02 2244 Ed. 1 08 Endorsement Page 2
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Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH312015 MARCH 312014 To MARCH312 March 31 2014 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued March 28 2014 Under Policy Exclusions the following exclusionis added. Policy Exclusions Loss Of Use Of This insurance does not apply to any liability or loss cost or expense arising out of any Electronic Data corruption of This insurance does not apply to any liability or loss cost or expense arising out of any corruption of inability to access inability to manipulate loss of or other injury or damage to or loss of use of any software data or other information that is in electronic form. This exclusion does not apply to bodily injury or physical injury to tangible property including resulting loss of use of that property. All other terms and conditions remain unchanged. B Authorized Representative Q.Ql Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusion Loss Of Use Of Electronic Data last page Form 07 02 2500 Ed. 5 12 Endorsement Page 1
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Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH312015 MARCH 312014 To MARCH31 2 March 312014 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued March 282014 e e Under Policy Exclusions the following exclusion is added Policy Exclusions Biological Agents A. This insurance does not apply to any liability or loss cost or expense arising out of the actual alleged or threatened contaminative pathogenic toxic or other hazardous properties Biological Agents Policy Definitions Biological Agents This insurance does not apply to any liability o I. cost or expense arising out of the actual alleged or threatened contaminative pathogenic toxic or other hazardous properties of biological agents. This insurance does not apply to any loss cost or expense arising out of any 1. 3 request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up contain treat detoxify or neutralize or in any way respond to or assess the effects of any biological agents or claim or proceeding by or on behalf of a governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way respondingto or assessing the effects of any biological agents. e Under Policy Definitions the following definition is added Biological Agents means any T Biological Agents means any A. 1. bacteria 2. mildew mold or other fungi Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Biological Agents continued Endorsement Page 1
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Policy Definitions Biological Agents 3. other microorganisms or continued 4 mycotoxins spores or other by products of any of the foregoing 3. other microorganisms or 4. mycotoxins spores or other by products of any of the foregoing B. viruses or other pathogens whether or not a microorganism or C. colony or group of any of the foregoing. All other terms and conditions remain unchanged. Authorized Representative Q S 7 March 28 2014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Biological Agents last page Endorsement Page 2
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Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH312015 MARCH 312014 To MARCH31 2 March 312014 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Exclusions Umbrella Coverage B Bodily Injury Property Damage Care Control Or Custody g Name of Company FEDERAL INSURANCE COMPANY Date Issued March 282014 o Under Exclusions Umbrella Coverage B Bodily Injury Property Damage the following exclusion is added This insurance does not apply to property damage to property described below if the property is in the care control or custody of the insured. This insurance does not apply to property damage to property described below if the property is in the care control or custody of the insured. Description of Property Real and Personal Property All other terms and conditions remain unchanged. Authorized Representative Q o S March 28 2014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Care Control Or Custody last page Endorsement Page 1
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Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH312015 MARCH 312014 To MARCH31 2 March 312014 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Employee Or Worker Injury Policy Exclusions Employee Or Worker Injury Name of Company FEDERAL INSURANCE COMPANY Date Issued March 282014 e Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury the exclusion titled Employee Or Worker Injury is deleted. Under Policy Exclusions the following exclusion s added A. This insurance does not apply to any liability or loss cost or expense in connection with any injury or damage sustained by an employee or temporary worker of the insured arising out of and in the course of This insurance does not apply to any liability or loss cost or expense in connection with any injury or damage sustained by an employee or temporary worker of the insured arising out of and in the course of 1. employment by the insured or 2. performing duties related to the conduct of the insured s busine This insurance does not apply to injury or damage sustained by the brother child parent ster or spouse of such injured person as a consequence of any injury or damage described in paragraph A. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of any injury or damage described in paragraphs A. or B. above. Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Employee Or Worker Injury continued Endorsement Page 1
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Under Definitions UmbrellaCoverage B the definitions titled Employee Leased Worker and Temporary Worker are deleted. Definitions Umbrella Coverage B Employee Leased Worker Temporary Worker Under Policy Definitions the following definitions are added Policy Definitions Employee Leased Worker Temporary Worker Under Policy Definitions the following definitions are added Employee includes a leased worker. Employee does not include a temporary worker. Leased worker means a person leased to a party by a labor leasing firm in a contract or agreement between such party and the labor leasing firm to perform duties related to the conduct of the party s business. Leased worker does not include a temporary worker. Temporary worker means a person who is furnished to a party to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. All other terms and conditions remain unchanged. Authorized Representative Q o S March 28 2014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Employee Or Worker Injury last page Endorsement Page 2
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Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH312015 MARCH 312014 To MARCH31 2 March 312014 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Foreign Liability Name of Company FEDERAL INSURANCE COMPANY Date Issued March 28 2014 e Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury the following exclusion s added This insurance does not apply to bodily injury property damage advertisinginjury or personal injury arising out of an occurrence outside the United States of America its territories or This insurance does not apply to bodily injury property damage advertisinginjury or personal injury arising out of an occurrence outside the United States of America its territories or sessions Canada or Puerto Rico. All other terms and conditions remain unchanged. Authorized Representative March 28 2014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Foreign Liabillty last page Endorsement Page 1
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Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH312015 MARCH 312014 To MARCH3I2 March 31 2014 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued March 28 2014 Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury the exclusion titled Intellectual Property Laws Or Right Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Intellectual Property Laws Or Rights s 5 Under Policy Exclusions the following exclusion is added. Policy Exclusions Intellectual Property A. This insurance does not apply to any liability loss cost or expense arising out of giving rise Laws Or Rights to or in any way related to any actual alleged or threatened 1 carhion or Intellectual Property Laws Or Rights This insurance does not apply to any liability loss cost or expense arising out of giving rise to or in any way related to any actual alleged or threatened 1. assertionor 2. infringementor violation by any person or organization including any insured of any intellectual property law or right. Further this insurance does not apply to the entirety of all allegationsin any claim or suit if such claim or suit includes an allegation of or a reference to an infringementor violation of any intellectual property law or right even if this insurance would otherwise apply to any part of the allegationsin the claim or suit. This exclusion applies unless the only infringementor violation of an intellectualproperty law or right s an offense described in the definition of advertisinginjury to which this insurance applies. Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusion Intellectual Property Laws Or Rights continued Form 07 02 1146 Rev. 5 10 Endorsement Page 1
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Under Definitions UmbrellaCoverage B the following definitionsare deleted. Definitions Umbrella Coverage B Advertisement Aavertising Injury Intellectual Property Law Or Rights Under Policy Definitions the following definitions are added. Policy Definitions Advertisement Advertisement means an electronic oral written or other notice about goods products or services designed for the specific purpose of attracting the general public or a specific market segment to use Advertisement means an electronic oral written or other notice about goods products or services designed for the specific purpose of attracting the general public or a specific market segment to use such goods products or services. Advertisement does not include any e mail address Internet domain name or other electronic address or metalanguage. Aavertising Injury injury other than bodily injury. property damage or personal injury sustained by a person or organizationand caused by an offense of infringing in that particular part of your advertisement about your goods products or services upon their copyrighted advertisement or registered collective mark registered service mark or other registered trademarked name slogan symbol or title. Intellectual Property Law Intellectual property law or right means any Or Right certificationmark copyright patent or trademark including collective or service marks right to or judicial or statutory law recognizing an interest in any trade secret or confidential or proprietary non personal information other right to or judicial or statutory law recognizing an interest in any expression idea likeness name slogan style of doing business symbol title trade dress or other intellectual property or Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusion Intellectual Property Laws Or Rights continued Form 07 02 1146 Rev. 5 10 Endorsement Page 2
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Chubb Commercial Excess And Umbrella Insurance Endorsement Effective Date March 312014 Policy Number 7989 34 08 s S S Policy Definitions Intellectual Property Law other judicial or statutory law concerning piracy. passing off or similar practices. Or Right continued All other terms and conditions remain unchanged. Authorized Representative Q March 28 2014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusion Intellectual Property Laws Or Rights last page Form 07 02 1146 Rev. 5 10 Endorsement Page 3
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Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH 312015 MARCH 312014 To MARCH 31 March 312014 7989 34 08 WUC U STOR MIDSTATES MANAGEMENT INC. Name of Company Date Issued FEDERAL INSURANCE COMPANY March 28 2014 Under Coverage Excess Follow Form Coverage A the following provision is added Coverage Excess Follow Form Coverage A Limitation To Coverage provided under this insurance only applies to loss arising out of the premises Designated Premises below and any premises you acquire during the policy period provided you notify us wi after the acquisition. Coverage provided under this insurance only applies to loss arising out of the premises designated below and any premises you acquire during the policy period provided you notify us within 30 days after the acquisition. Designated Premises 9808 HARRY HINES BLVD DALLAS DALLAS COUNTY TX 75220 3970 BROADWAY BLVD GARLAND DALLAS COUNTY TX 75043 2551 KELLY BLVD CARROLLTON DALLAS COUNTY TX 75006 2101 N IST ST GARLAND DALLAS COUNTY TX 75040 4138 FOREST LN GARLAND DALLAS COUNTY TX 75042 2925 SE 44TH ST OKLAHOMA CITY OKLAHOMA COUNTY OK 73129 5920 N ROCKWELL AVE OKLAHOMA CITY CANADIAN COUNTY OK 73179 300 W EULESS BLVD EULESS TARRANT COUNTY TX 76040 1720 E PIONEER PKWY ARLINGTON TARRANT COUNTY TX 76010 3501 BLOCK DR IRVING DALLAS COUNTY TX 75038 4100 N MERIDIAN AVE OKLAHOMA CITY OKLAHOMA COUNTY OK 73112 10406 LAKE JUNE RD DALLAS DALLAS COUNTY TX 75217 8700 NE 23RD ST OKLAHOMA CITY OKLAHOMA COUNTY OK 73141 4802 E RENO AVE OKLAHOMA CITY OKLAHOMA COUNTY OK 73117 7111 W VICKERY BLVD BENBROOK TARRANT COUNTY TX 76116 3545 N 6TH ST ABILENE TAYLOR COUNTY TX 79603 16241 S US HIGHWAY 71 BELTON CASS COUNTY MO 64012 7139 MANSFIELD RD SHREVEPORT CADDO PARISH LA 71108 4116 S WALTON WALKER BLVD DALLAS DALLAS COUNTY TX 75236 5009 SE 29TH ST OKLAHOMA CITY OKLAHOMA COUNTY OK 73115 10109 LEXINGTON DR AUBREY DENTON COUNTY TX 76227 Cove foy Egrm Coverage A Chubb Commercial Excess And Umbrella Insurance u.mgmmm continued Form 07 02 0870 Rev. 7 01 Endorsement Page 1
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s UmbrellaCoverage B Bodily Injury and Property Damage Liability Coverage the following provision is added Coverages Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage designated Limitation To Coverage provided under this insurance only applies to loss arising out of the premis Designated Premises below and any premises you acquire during the policy period provided you notify us within 30 days after the acquisition. Coverage provided under this insurance only applies to loss arising out of the premises designated below and any premises you acquire during the policy period provided you notify us within 30 days after the acquisition. Designated Premises Same schedule of locations as appears under coverage A All Other Terms and Conditions Remain Unchanged Authorized Representative QDJ March 28 2014 Coverag. verage A Chubb Commercial Excess And Umbrella Insurance Limitation gquggg S last page Form 07 02 0870 Rev. 7 01 Endorsement Page 2
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Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH312015 MARCH 312014 To MARCH31 2 March 312014 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued March 282014 e e Under Policy Exclusions the following exclusion is added Policy Exclusions Professional Services This insurance does not apply to any liability or loss cost or expense arising out of the rendering or failine to render professional service or advice whether or not that service or advice is ordinary to nsurance does not apply to any liability or loss cost or expense arising out of the rendering or failing to render professional service or advice whether or not that service or advice is ordinary to the insured s profession regardless of whether a claim or suit is brought by a client or any other person or organization. All other terms and conditions remain unchanged. Authorized Representative Q S 7 March 28 2014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Professional Services last page Endorsement Page 1
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Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH312015 MARCH 312014 To MARCH31 2 March 312014 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued March 282014 S Under Exclusions Excess Follow Form Coverage A the exclusion titled Pollution is deleted and replaced with the following Exclusions Excess Follow Form Coverage A Pollution This insurance does not apply to any liability or loss cost or expense arising out of This insurance does not apply to any liability or loss cost or expense arising out of A. the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants. B. 1. any request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2. any claim or proceeding by or on behalf of a governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or as ing the effects of pollutants. This exclusion applies regardless of whether or not the pollution was accidental expected gradual intended preventable or sudden. All other terms and conditions remain unchanged. Authorized Representative Q S 7 March 28 2014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Exclusions Excess Follow Form Coverage A Polution last page Endorsement Page 1
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Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To MARCH312015 MARCH 312014 To MARCH31 2 March 312014 7989 34 08 U STOR MIDSTATES MANAGEMENT INC. Exclusions Umbrella Coverage B Bodily Injury Property Damage Products Completed Operations Name of Company FEDERAL INSURANCE COMPANY Date Issued March 282014 o Under Exclusions Umbrella Coverage B Bodily Injury Property Damage the following exclusion is added This insurance does not apply to bodily injury or property damage arising out of the products completed operations hazard. This insurance does not apply to bodil completed operations hazard. jury or property damage arising out of the products All other terms and conditions remain unchanged. Authorized Representative March 28 2014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Products Completed Operations last page Endorsement Page 1
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A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY COMMERCIAL UMBRELLA DECLARATIONS Wl T T Tl Policy Period From 020115 to 020116 Policy Number 436 64 17 16 s NAMED INSURED PRODUCER THE RESERVE AND TERRACES AT LOCKTON COMPANIES LLC FIRETHORN HOMEOWNERS 1015 N 98TH ST STE 101 ASSOCIATION OMAHA NE 68114 2357 8435 FIRETHORN LN LINCOLN NE 68520 1401 AGENT AB 8210 AGENT PHONE 402 970 6100 AGENCY BILL JACK H. STRUYK JR Insured is CORPORATION HOMEOWNERS ASSOCIATION L I M I T S OF I N s U R A N C E Each Occurrence Limit Liability Coverage 1000000 Personal Advertising Injury Limit 1000000 Any one person or organization Aggregate Limit Liability Coverage 1000000 except with respect to covered autos A 100 MINIMUM POLICY PREMIUM APPLIES IF POLICY IS CANCELLED AFTER THE EFFECTIVE DATE. Forms Applicable CU00010413 CU02080900 CU21230202 CU21271204 CU21300108 CU21360108 CU21860514 CU24231207 CU7001A0405 CU72720806 CU7T2760714 CU72930806 CU7404.11008 CU74381109 CU83171213 CU83190714 IL7131A0401 IL8384A0108 Refer to prior distributions for any forms not attached Date of Issue 121514 BPP FORM CU7000A ED. 01 07 BPP 121514 003 B8 4366417 1601 COMMERCIAL UMBRELLA D Policy Period From 020115 to 020116 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 FIRETHORN HOMEOWNERS ASSOCIATION 8435 FIRETHORN LN LINCOLN NE 68520 1401 AGENT AB 8210 AGENT PHONE 402 970 6100 verage 1000000 1000000 1000000 A 100 MIN Forms Applicable CU00010413 CU02080900 CU21230202 CU21271204 CU21300108 CU21360108 CU21860514 CU24231207 CU7001A0405 CU72720806 CU7T2760714 CU72930806 CU7404.11008 CU74381109 CU83171213 CU83190714 IL7131A0401 IL8384A0108 Refer to prior distributions for any forms not attached
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A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 4J6 64 17 16 THE RESERVE AND TERRACES AT EFF DATE 020115 EXP DATE 020116 A POLICY S ENDORSEMENT SCHEDULE EDITION DATE DESCRIPTION ADDITIONAL INFORMATION PREMIUM CU0001 04 13 COMM LIABILITY UMBRELLA COV FORM Ccu0208 09 00 NE CHANGES CANCELLATION AND NONRENEW cuz2123 02 02 NUCLEAR ENERGY LIAB EXCL BROAD FORM cuz2127 12 04 FUNGI OR BACTERIA EXCLUSION Cu2130 01 08 CAP OF LOSSES FROM CERT ACTS OF TERR CU2136 01 08 EXCL PUNITIVE DMG CERT ACTS OF TERR CU2186 05 14 EXCL ACCESS DISCL OF CONFID PERSONAL CUu2423 12 07 COVERAGE FOR PROFESSIONAL SERVICES CU7001A 04 05 SCHED OF PRIMARY INS AUTOMATED cu7272 08 06 ASBESTOS EXCLUSION CU7276 07 14 COMMERCIAL UMBRELLA AMENDMENT OF COV Cu7293 08 06 FOREIGN EXPOSURE FOLLOWING FORM Cu7404.1 10 08 UMBRELLA LIAB AMEND FOLLOW FORM Cu7438 11 09 CONTRACTORS OCCURRENCE DEFINITION CU8317 12 13 IMPORTANT NOTICE TO POLICYHOLDER CU8319 07 14 IMPORTANT NOTICE TO POLICYHOLDERS IL7131A 04 01 COMML POLICY ENDORSEMENT SCHEDULE IL8384A 01 08 TERRORISM NOTICE DATE OF ISSUE 121514 FORM IL7131A ED. 04 01 BPP 003 B8 4766417 1601 EDITION IL8384A 09 00 02 02 12 04 01 08 01 08 05 14 12 07 04 05 08 06 07 14 08 06 10 08 11 09 12 13 07 14 04 01 01 08 NE CHANGES CANCELLATION AND NONRENEW NUCLEAR ENERGY LIAB EXCL BROAD FORM FUNGI OR BACTERIA EXCLUSION CAP OF LOSSES FROM CERT ACTS OF TERR EXCL PUNITIVE DMG CERT ACTS OF TERR EXCL ACCESS DISCL OF CONFID PERSONAL COVERAGE FOR PROFESSIONAL SERVICES SCHED OF PRIMARY INS AUTOMATED ASBESTOS EXCLUSION COMMERCIAL UMBRELLA AMENDMENT OF COV FOREIGN EXPOSURE FOLLOWING FORM UMBRELLA LIAB AMEND FOLLOW FORM CONTRACTORS OCCURRENCE DEFINITION IMPORTANT NOTICE TO POLICYHOLDER IMPORTANT NOTICE TO POLICYHOLDERS COMML POLICY ENDORSEMENT SCHEDULE TERRORISM NOTICE
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A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 4J6 64 17 16 THE RESERVE AND TERRACES AT EFF DATE 020115 EXP DATE 020116 TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent DATE OF ISSUE 121514 FORM IL8384A 01 08 BPP 003 B8 4766417 1601 THE RESERVE AND TERRACES AT EFF DATE 020115 EXP DATE 0201 TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent
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A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY Policy Number 4J66417 16 FIRETHORN HOMEOWNERS Eff Date 020115 Exp Date 020116 COMMERCIAL UMBRETLTLA SCHEDUTLE ok ko ok ko Kok ko ok ok ko ok ok ok Kk ko Kk Kk kK Kk Kk Kk K Kk Kok ok ko Kok ok ko ko ko ko ko K RETAINED LIMIT Self Insured Retention 0 SCHEDULE OF UNDERLYING INSURANCE Commercial General Liability Company Employers Mutual Casualty Company Policy Number 4D66417 Policy Period 020115 to 020116 Occurrence Basis Minimum Applicable Limits General Aggregate 2000000 Products Completed Operations Aggregate 2000000 Personal and Advertising Injury 1000000 Each Occurrence 1000000 Date of Issue 121514 BPP FORM CU7001A ED. 04 05 BPP 121514 003 B8 4366417 1601 FIRETHORN HOMEOWNERS Eff Date 020115 Exp Date 0201 COMMERCIAL UMBRETLTLA SCHEDUTLE ko ok ko ok ok ko ko ko kK ko ko Kk Kk ko Kk Kk Kk K Kk Kk Kk K R ko ok ko ko ok ok ko ok ok ko RETAINED LIMIT Self Insured Retention 0 SCHEDULE OF UNDERLYING INSURANCE Commercial General Liability Company Employers Mutual Casualty Company Policy Number 4D66417 Policy Period 020115 to 020116 Occurrence Basis Minimum Applicable Limits General Aggregate 2000000 Products Completed Operations Aggregate 2000000 Personal and Advertising Injury 1000000 Each Occurrence 1000000
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A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY Policy No 4J6 64 17 16 FIRETHORN HOMEOWNERS Transaction Renewal01 Prior Pol 4J6 64 17 TRANSACTION INFORMATION Policy Term 02012015 to 02012016 Trans Date 02012015 Account Name FIRETHORN HOMEOWNERS CO BR Agent A B8210 Account Mailing State NE Program Financing N Billing Method A Audit Frequency N Profit Share Y SIC 8641 Account Original Eff Date 02012012 Type of Policy Monoline 10 ACCOUNT FEIN Trans Premium 535.00 Policy ID BC Commission 15.0 Premium 535.00 Date of Issue 121514 BPP STAT UM BPP 121514 003 B8 4366417 1601 FIRETHORN HOMEOWNERS TRANSACTION INFORMATION. Date 02012015 Agent A B8210 am ng Method A t Share Y Policy Term 02012015 to 02012016 Account Name FIRETHORN HOMEOWNERS Account Mailing State NE Financing N Audit Frequency N SIC 8641 Account Original Eff Date 02012012 ACCOUNT FEIN Policy ID BC Commission 15.0 Trans Date 02012015 CO BR Agent A B8210 Program Billing Metho Profit Share Y A Type of Policy Monoline 10 Trans Premium 535.0 Premium 535.0
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COMMERCIAL LIABILITY UMBRELLA CU 00010413 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such bodily injury or property damage when the underlying insurance does not provide coverage or the limits of underlying insurance have been exhausted. When we have no duty to defend we will have the right to defend or to participate in the defense of the insured against any other suit seeking damages to which this insurance may apply. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. At our discretion we may investigate any occurrence that may involve this insurance and settle any resultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B.. This insurance applies to bodily injury or property damage that is subject to an applicable retained limit. If any other limit such as a sublimit is specified in the underlying insurance this insurance does not apply to bodily injury or property damage arising out of that exposure unless that limit is specified in the Declarations under the Schedule of underlying insurance. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1.a. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. 2 3. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1.a. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. CU 00010413 Insurance Services Office Inc. 2012 Page 10f 18
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e. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1.a. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. f. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury.. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages. This exclusion does not apply to the extent that valid underlying insurance for the liquor liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the liquor liability risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. b Page 2 of 18 Insurance Services Office Inc. 2012 CuU00010413
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d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. e. ERISA Any obligation of the insured under the Employee Retirement Income Security Act of 1974 ERISA and any amendments thereto or any similar federal state or local statute. Auto Coverages 1 Bodily injury or property damage arising out of the ownership maintenance or use of any auto which is not a covered auto or 2 Any loss cost or expense payable under or resulting from any first party physical damage coverage no fault law personal injury protection or auto medical payments coverage or uninsured or underinsured motorist law. g. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. With respect to injury arising out of a covered auto this exclusion does not apply to bodily injury to domestic employees not entitled to workers compensation benefits. For the purposes of this insurance a domestic employee is a person engaged in household or domestic work performed principally in connection with a residence premises. This exclusion does not apply to the extent that valid underlying insurance for the employer s liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the employer s liability risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. h. Employment related Practices Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraph a b or c above is directed. This exclusion applies whether the injury causing event described in Paragraph a b or c above occurs before employment during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. i. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time or 2 Pollution cost or expense. CU 00010413 Insurance Services Office Inc. 2012 Page 30f 18
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This exclusion does not apply if valid underlying insurance for the pollution liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the pollution risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. j Aircraft Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 50 feet long and b Not being used to carry persons or property for a charge 3 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft 4 The extent that valid underlying insurance for the aircraft or watercraft liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury or property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the aircraft or watercraft risks described above will follow the same provisions exclusions and limitations that are contained in the underlying insurance unless otherwise directed by this insurance or 5 Aircraft that is a Chartered by loaned to or hired by you with a paid crew and b Not owned by any insured.. Racing Activities Bodily injury or property damage arising out of the use of mobile equipment or autos in or while in practice for or while being prepared for any prearranged professional or organized racing speed demolition or stunting activity or contest.. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these.. Damage To Property Property damage to 1 Property a You own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property or b Owned or transported by the insured and arising out of the ownership maintenance or use of a covered auto. 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 3 5 Page 4 of 18 Insurance Services Office Inc. 2012 CuU00010413
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6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 1b 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs 3 and 4 of this exclusion do not apply to liability assumed under a written Trailer Interchange agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard.. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Professional Services Bodily injury or property damage due to rendering of or failure to render any professional service. This includes but is not limited to 1 Legal accounting or advertising services 2 Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings or specifications Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager Engineering services including related supervisory or inspection services Medical surgical dental X ray or nursing services treatment advice or instruction Any health or therapeutic service treatment advice or instruction Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy Any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardiovascular fitness bodybuilding or physical training programs Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices 10 Body piercing services 11 Services in the practice of pharmacy 12 Law enforcement or firefighting services and 13 Handling embalming disposal burial cremation or disinterment of dead bodies. 3 4 5 6 8 9 CU 00010413 Insurance Services Office Inc. 2012 Page 50f 18
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This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the rendering of or failure to render any professional service. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. This exclusion does not apply if valid underlying insurance for the electronic data risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. The insurance provided under this Coverage Part will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such personal and advertising injury when the underlying insurance does not provide coverage or the limits of underlying insurance have been exhausted. When we have no duty to defend we will have the right to defend or to participate in the defense of the insured against any other suit seeking damages to which this insurance may apply. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. At our discretion we may investigate any offense that may involve this insurance and settle any resultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury that is subject to an applicable retained limit. If any other limit such as a sublimit is specified in the underlying insurance this insurance does not apply to personal and advertising injury arising out of that exposure unless that limit is specified in the Declarations under the Schedule of underlying insurance. c. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. Page 6 of 18 Insurance Services Office Inc. 2012 CuU00010413
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2. Exclusions This insurance does not apply to a. Personal and advertising injury 1 Knowing Violation Of Rights Of Another 2 3 4 5 Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Material Published With Knowledge Of Falsity Arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior To Policy Period Arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. Criminal Acts Arising out of a criminal act committed by or at the direction of the insured. Contractual Liability For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to a Liability for damages that the insured would have in the absence of the contract or agreement. b Liability for false arrest detention or imprisonment assumed in a contract or agreement. 6 Breach Of Contract Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Quality Or Performance Of Goods Failure To Conform To Statements Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Wrong Description Of Prices Arising out of the wrong description of the price of goods products or services stated in your advertisement. 9 Infringement Of Copyright Patent Trademark Or Trade Secret Arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. 10 Insureds In Media And Internet Type Businesses Committed by an insured whose business is a Advertising broadcasting publishing or telecasting b Designing or determining content of web sites for others or c An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. 11 Electronic Chatrooms Or Bulletin Boards Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. 12 Unauthorized Use Of Another s Name Or Product Arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. 13 Pollution Arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. CU 00010413 Insurance Services Office Inc. 2012 Page 7 of 18
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14 Employment related Practices To a A person arising out of any i Refusal to employ that person ii Termination of that person s employment or iii Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or b The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraph i i or iii above is directed. This exclusion applies whether the injury causing event described in Paragraph i i or above occurs before employment during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. 15 Professional Services Arising out of the rendering of or failure to render any professional service. This includes but is not limited to a Legal accounting or advertising services b Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings or specifications Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager Engineering services including related supervisory or inspection services e Medical surgical dental X ray or nursing services treatment advice or instruction c d f Any health or therapeutic service treatment advice or instruction g Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy h Any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardiovascular fitness bodybuilding or physical training programs i Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices j Body piercing services k Services in the practice of pharmacy I Law enforcement or firefighting services and m Handling embalming disposal burial cremation or disinterment of dead bodies. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional service. 16 War However caused arising directly or indirectly out of a War including undeclared or civil war b Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. c Page 8 of 18 Insurance Services Office Inc. 2012 CuU00010413
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17 Recording And Distribution Of Material Or Information In Violation Of Law Arising directly or indirectly out of any action or omission that violates or is alleged to violate a The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b The CAN SPAM Act of 2003 including any amendment of or addition to such law c The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or d Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. b. Pollution cost or expense. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend when the duty to defend exists a. All expenses we incur. b. Up to 2000 for cost of bail bonds including bonds for related traffic law violations required because of an occurrence we cover. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. When we have the right but not the duty to defend the insured and elect to participate in the defense we will pay our own expenses but will not contribute to the expenses of the insured or the underlying insurer.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and b c CU 00010413 Insurance Services Office Inc. 2012 Page 9 of 18
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d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. Except for liability arising out of the ownership maintenance or use of covered autos a. If you are designated in the Declarations as 1 An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. 2 A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. 3 A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. 4 An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. 5 A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. b. Each of the following is also an insured 1 Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for a Bodily injury or personal and advertising injury i To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a co employee in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business ii To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph ai above or iii For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph ai or ii above. b Property damage to property i Owned occupied or used by ii Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. 2 Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. Page 10 of 18 Insurance Services Office Inc. 2012 CuU00010413
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3 Any person or organization having proper temporary custody of your property if you die but only a With respect to liability arising out of the maintenance or use of that property and b Until your legal representative has been appointed. 4 Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. c. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However 1 Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. 2. Only with respect to liability arising out of the ownership maintenance or use of covered autos a. You are an insured. b. Anyone else while using with your permission a covered auto you own hire or borrow is also an insured except 1 The owner or anyone else from whom you hire or borrow a covered auto. This exception does not apply if the covered auto is a trailer or semitrailer connected to a covered auto you own. Your employee if the covered auto is owned by that employee or a member of his or her household. Someone using a covered auto while he or she is working in a business of selling servicing repairing parking or storing autos unless that business is yours. 2 3 2 3 4 Anyone other than your employees partners if you are a partnership members if you are a limited liability company or a lessee or borrower or any of their employees while moving property to or from a covered auto. A partner if you are a partnership or a member if you are a limited liability company for a covered auto owned by him or her or a member of his or her household. Employees with respect to bodily injury to a Any fellow employee of the insured arising out of and in the course of the fellow employee s employment or while performing duties related to the conduct of your business or b The spouse child parent brother or sister of that fellow employee as a consequence of Paragraph a above. c. Anyone liable for the conduct of an insured described above is also an insured but only to the extent of that liability. 3. Any additional insured under any policy of underlying insurance will automatically be an insured under this insurance. Subject to Section Il Limits Of Insurance if coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance a. Required by the contract or agreement less any amounts payable by any underlying insurance or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. Additional insured coverage provided by this insurance will not be broader than coverage provided by the underlying insurance. No person or organization is an insured with respect 5 6 to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. CU 00010413 Insurance Services Office Inc. 2012 Page 11 0of 18
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SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made suits brought or number of vehicles involved or c. Persons or organizations making claims or bringing suits.. The Aggregate Limit is the most we will pay for the sum of all ultimate net loss under a. Coverage A except ultimate net loss because of bodily injury or property damage arising out of the ownership maintenance or use of a covered auto and b. Coverage B.. Subject to Paragraph 2. above the Each Occurrence Limit is the most we will pay for the sum of all ultimate net loss under Coverage A because of all bodily injury and property damage arising out of any one occurrence.. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all ultimate net loss because of all personal and advertising injury sustained by any one person or organization.. If there is underlying insurance with a policy period that is nonconcurrent with the policy period of this Commercial Liability Umbrella Coverage Part the retained limits will only be reduced or exhausted by payments for a. Bodily injury or property damage which occurs during the policy period of this Coverage Part or b. Personal and advertising injury for offenses that are committed during the policy period of this Coverage Part. However if any underlying insurance is written on a claims made basis the retained limits will only be reduced or exhausted by claims for that insurance that are made during the policy period or any Extended Reporting Period of this Coverage Part. The Aggregate Limit as described in Paragraph 2. above applies separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV CONDITIONS 1. Appeals If the underlying insurer or insured elects not to appeal a judgment in excess of the retained limit we may do so at our own expense. We will also pay for taxable court costs pre and postjudgment interest and disbursements associated with such appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in Section Il Limits Of Insurance. 2. Bankruptcy a. Bankruptcy Of Insured Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. b. Bankruptcy Of Underlying Insurer Bankruptcy or insolvency of the underlying insurer will not relieve us of our obligations under this Coverage Part. However this insurance will not replace the underlying insurance in the event of bankruptcy or insolvency of the underlying insurer. This insurance will apply as if the underlying insurance were in full effect. 3. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense regardless of the amount which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Page 12 of 18 Insurance Services Office Inc. 2012 CuU00010413
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2 Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 4. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 5. Other Insurance a. This insurance is excess over and shall not contribute with any of the other insurance whether primary excess contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Coverage Part. When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. b. When this insurance is excess over other insurance we will pay only our share of the ultimate net loss that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part and 3 4 2 The total of all deductible and self insured amounts under all that other insurance. 6. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 7. Representations Or Fraud By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us c. We have issued this policy in reliance upon your representations and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. 8. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 9. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. CU 00010413 Insurance Services Office Inc. 2012 Page 13 of 18
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10.When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. 11.Loss Payable Liability under this Coverage Part does not apply to a given claim unless and until a. The insured or insured s underlying insurer has become obligated to pay the retained limit and b. The obligation of the insured to pay the ultimate net loss in excess of the retained limit has been determined by a final settlement or judgment or written agreement among the insured claimant and us. 12.Transfer Of Defense When the underlying limits of insurance have been used up in the payment of judgments or settlements the duty to defend will be transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or suits seeking damages to which this insurance applies which would have been covered by the underlying insurance had the applicable limit not been used up. 13.Maintenance Of Changes To Underlying Insurance Any underlying insurance must be maintained in full effect without reduction of coverage or limits except for the reduction of the aggregate limit in accordance with the provisions of such underlying insurance that results from payment of claims settlement or judgments to which this insurance applies. Such exhaustion or reduction is not a failure to maintain underlying insurance. Failure to maintain underlying insurance will not invalidate insurance provided under this Coverage Part but insurance provided under this Coverage Part will apply as if the underlying insurance were in full effect. If there is an increase in the scope of coverage of any underlying insurance during the term of this policy our liability will be no more than it would have been if there had been no such increase. You must notify us in writing as soon as practicable if any underlying insurance is cancelled not renewed replaced or otherwise terminated or if the limits or scope of coverage of any underlying insurance is changed. 14.Expanded Coverage Territory a. If a suit is brought in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from defending the insured the insured will initiate a defense of the suit. We will reimburse the insured under Supplementary Payments for any reasonable and necessary expenses incurred for the defense of a suit seeking damages to which this insurance applies that we would have paid had we been able to exercise our right and duty to defend. If the insured becomes legally obligated to pay sums because of damages to which this insurance applies in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from paying such sums on the insured s behalf we will reimburse the insured for such sums. b. All payments or reimbursements we make for damages because of judgments or settlements will be made in U.S. currency at the prevailing exchange rate at the time the insured became legally obligated to pay such sums. Al payments or reimbursements we make for expenses under Supplementary Payments will be made in U.S. currency at the prevailing exchange rate at the time the expenses were incurred. c. Any disputes between you and us as to whether there is coverage under this policy must be filed in the courts of the United States of America including its territories and possessions Canada or Puerto Rico. d. The insured must fully maintain any coverage required by law regulation or other governmental authority during the policy period except for reduction of the aggregate limits due to payments of claims judgments or settlements. Failure to maintain such coverage required by law regulation or other governmental authority will not invalidate this insurance. However this insurance will apply as if the required coverage by law regulation or other governmental authority was in full effect. Page 14 of 18 Insurance Services Office Inc. 2012 CuU00010413
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SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. 3. Bodily injury means bodily injury disability sickness or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes mental anguish or other mental injury resulting from bodily injury. 4. Coverage territory means anywhere in the world with the exception of any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America. 5. Covered auto means only those autos to which underlying insurance applies. 6. Employee includes a leased worker. Employee does not include a temporary worker. 7. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. 8. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement.. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees. g. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. do not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver or 2 CU 00010413 Insurance Services Office Inc. 2012 Page 15 of 18
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3 That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that person or organization is authorized to serve by public authority. 10.Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11.Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12.Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 13.Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14.Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Page 16 of 18 Insurance Services Office Inc. 2012 CuU00010413
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15.Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16.Pollution cost or expense means any loss cost or expense arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b. Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 17.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured or c 2 The existence of tools uninstalled equipment or abandoned or unused materials. 18.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. With respect to the ownership maintenance or use of covered autos property damage also includes pollution cost or expense but only to the extent that coverage exists under the underlying insurance or would have existed but for the exhaustion of the underlying limits. For the purposes of this insurance with respect to other than the ownership maintenance or use of covered autos electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 19.Retained limit means the available limits of underlying insurance scheduled in the Declarations or the self insured retention whichever applies. 20.Self insured retention means the dollar amount listed in the Declarations that will be paid by the insured before this insurance becomes applicable only with respect to occurrences or offenses not covered by the underlying insurance. The self insured retention does not apply to occurrences or offenses which would have been covered by underlying insurance but for the exhaustion of applicable limits. 21.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or CU 00010413 Insurance Services Office Inc. 2012 Page 17 of 18
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b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent or the underlying insurer s consent. 22.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 23.Ultimate net loss means the total sum after reduction for recoveries or salvages collectible that the insured becomes legally obligated to pay as damages by reason of settlement or judgments or any arbitration or other alternate dispute method entered into with our consent or the underlying insurer s consent. 24.Underlying insurance means any policies of insurance listed in the Declarations under the Schedule of underlying insurance. 25.Underlying insurer means any insurer who provides any policy of insurance listed in the Schedule of underlying insurance. 26.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 27.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organizaton whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 28.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 18 of 18 Insurance Services Office Inc. 2012 CuU00010413
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COMMERCIAL LIABILITY UMBRELLA CU 0208 09 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA CHANGES CANCELLATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modi fied by the endorsement. A. Paragraphs 2. and 3. of the Cancellation Com c. If we cancel this policy subject to 2.a. or mon Policy Condition are replaced by the follow 2.b. above we will mail to the first Named ing Insured a written notice of cancellation 2.a. If this policy has been in effect for 60 days stating the reasons for cancellation at or less we may cancel this policy for any least reason. 1. 10 days before the effective date of b. If this policy has been in effect for more cancellation.f we cancel for nonpay than 60 days or if this is a renewal of a ment of premium or policy we issued we may cancel this pol 2. 60 days before the effective date of icy only for one or more of the following cancellation if we cancel for any other reasons reason. 1 Nonpayment of premium 3. We will mail our notice by first class mail to i i the first Named Insured s last mailing address 2 The policy was obtained through mate known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. If the policy has been in effect 60 days or more or is a renewal or continuation policy and we cancel for a. Nonpayment of premium to a premium finance company or b. Any reason other than non payment of premium notice of cancellation will be sent by regis tered or certified mail. rial misrepresentation 3 Any insured has submitted a fraudulent claim 4 Any insured has violated the terms and conditions of this policy 5 The risk originally accepted has sub stantially increased Certification to the Director of Insur ance of our loss of reinsurance which provided coverage to us for all or a substantial part of the underlying risk insured or 6 7 The determination by the Director of Insurance that the continuation of the policy could place us in violation of the Nebraska Insurance Laws. B. Paragraph 6. of the Cancellation Common Pol icy Condition does not apply. C. Condition 10. When We Do Not Renew of Sec tion IV Conditions is replaced by the follow C. c. If we cancel this policy subject to 2.a. or 2.b. above we will mail to the first Named Insured a written notice of cancellation stating the reasons for cancellation at least 1. 10 days before the effective date of cancellation if we cancel for nonpay ment of premium or 2. 60 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail our notice by first class mail to the first Named Insured s last mailing address known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. If the policy has been in effect 60 days or more or is a renewal or continuation policy and we cancel for a. Nonpayment of premium to a premium finance company or b. Any reason other than non payment of premium notice of cancellation will be sent by regis tered or certified mail. Paragraph 6. of the Cancellation Common Pol icy Condition does not apply. Condition 10. When We Do Not Renew of Sec tion IV Conditions is replaced by the follow ing WHEN WE DO NOT RENEW 1. If we decide not to renew this policy we will mail written notice of nonrenewal stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the expira tion date of this policy. CU 0208 09 00 Copyright Insurance Services Office Inc. 2000 Page 1 of 1 a
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COMMERCIAL LIABILITY UMBRELLA CU 21230202 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART I. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear En ergy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nu clear Insurance Association of Canada or any of their successors or would be an in sured under any such policy but for its ter mination upon exhaustion of its limit of li ability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. B. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this Ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. Il As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. CU 21230202 ISO Properties Inc. 2001 Page 1 of 2 a
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Nuclear facility means a b Any nuclear reactor Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packag ing waste Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. Page 2 of 2 ISO Properties Inc. 2001 CU 2123 02 02 a
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COMMERCIAL LIABILITY UMBRELLA CU 21271204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to FUNGI OR BACTERIA a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxify ing neutralizing remediating or disposing of or in any way responding to or assess ing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to FUNGI OR BACTERIA a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any in sured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. CU 21271204 ISO Properties Inc. 2003 Page 1 of 1 a
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COMMERCIAL LIABILITY UMBRELLA CU 21300108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insur ance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insur ance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in ac cordance with procedures established by the Secre tary of the Treasury. Certified act of terrorism means an act that is certi fied by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursu ant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. CU 21300108 ISO Properties Inc. 2007 Page 10of 1 m
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COMMERCIAL LIABILITY UMBRELLA CU 2136 0108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added This insurance does not apply to TERRORISM PUNITIVE DAMAGES Damages arising directly or indirectly out of a certified act of terrorism that are awarded as pu nitive damages. B. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in con currence with the Secretary of State and the Attor ney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terror ism Risk Insurance Act for a certified act of terror ism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dan gerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian popu lation of the United States or to influence the policy or affect the conduct of the United States Government by coercion. CU 2136 0108 ISO Properties Inc. 2007 Page 10of 1 m
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COMMERCIAL LIABILITY UMBRELLA CU 2186 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Exclusion 2.t. of Section Coverage A Bodily As used in this exclusion electronic data Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to t. Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. CU 21860514 Insurance Services Office Inc. 2013 Page 1 of 1
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COMMERCIAL LIABILITY UMBRELLA CU 24231207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE FOR PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART Exclusion s. under Paragraph 2. Exclusions of Sec tion Coverage A Bodily Injury And Property Damage Liability and Exclusion a.15 under Para graph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability do not apply. Coverage provided will follow the provisions exclu sions and limitations of the underlying insurance unless otherwise directed by this insurance. CU 24231207 ISO Properties Inc. 2007 Page 1 of 1 a
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COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The policy does not apply to bodily injury personal and advertising injury or property damage including any associated clean up obligations arising out of the installation existence removal or disposal of asbestos or any substance containing asbestos fibers. CU72728 06 Includes copyrighted material of ISO Properties Inc. with its permission. Page 1 of 1
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COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL UMBRELLA AMENDMENT OF COVERAGE COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following paragraph is added to Section Coverages Coverage A Bodily Injury And Property Damage Liability 2. Exclusions Paragraph i.2 Pollution This exception does not apply at or from any oil gas lease premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations. Exclusion j. Aircraft or Watercraft under Section Coverages Coverage A Bodily Injury And Property Damage Liability 2. Exclusions is replaced by the following Bodily injury or property damage arising out of the ownership maintenance use entrustment to others or contractual agreement involving the use of any aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use entrustment to others or contractual agreement involving the use of any aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1. A watercraft while ashore on premises you own or rent 2. A watercraft you do not own that is a Less than 51 feet long and b Not being used to carry persons or property for a charge 3. Liability assumed under any insured contract for the ownership maintenance or use of watercraft 4. The extent that valid underlying insurance for the watercraft liability risks described above exists or would have existed but for the exhaustion of underlying insurance for bodily injury or property damage. This endorsement modifies insurance provided under the following To the extent this exclusion does not apply the insurance provided under this Coverage Form for the watercraft risks described above will follow the same provisions exclusions and limitations that are contained in the underlying insurance unless otherwise directed by this insurance. Fellow Employee Section Il Who is an Insured is amended by adding the following Paragraph 1. b.1ai i and iii and paragraph 2. b.6 do not apply if valid coverage for injury to co employees andor volunteer workers is listed in the underlying insurance. The following paragraphs are added to Section 1l Limit of Insurance 6. The aggregate limit is the most we will pay for the sum of all ultimate net loss due to covered professional services. 7. Subject to Paragraph 6. above the each occurrence limit is the most we will pay for the sum of all ultimate net loss due to covered professional services arising out of any one occurrence. Duties in the Event of Occurrence Offense Claim or Suit. Paragraph 3.a. of the Duties in The Event Of Occurrence Offense Claim Or Suit Condition Section IV Conditions is replaced by the following 3. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense regardless of the amount which may result in a claim. If you notify and underlying insurer of an occurrence or an offense involving bodily injury or personal and advertising injury you must see to it that we are also notified in writing as soon as practicable. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and CUT2767 14 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 2
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F. Cond 3 The nature and location of any injury or damage arising out of the occurrence or offense. n 5. Other Insurance of Section IV Conditions is replaced by the following 5. Other Insurance G. Cond This insurance is excess over and shall not contribute with 1 any other valid and collectible insurance 2 seffinsurance or 3 deductible amounts whether such other insurance self insurance or deductible is stated to be primary contributing excess contingent or otherwise. This condition does not apply to a policy bought specifically to apply in excess of this insurance. We will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we have the right but not the duty to undertake to do so but we will be entitled to the insured s rights against all those other insurers. n 6. Premium Audit of Section IV Conditions is replaced by the following 6. Premium Audit We will compute all premiums for this coverage part in accordance with our rules and rates. Your premium may be flat or adjustable subject to audit. The Declarations page will show which applies. If your premium is flat no additional premium is normally collected during the policy period unless there is a substantial change in type andor scope of your operations. If there is a substantial change in your operations and if there is an additional charge for your underlying insurance we have the right to charge an additional premium also. If your premium is adjustable we charge you the total advance premium as shown on the policy Declarations and then at the end of the policy period we review your records and determine final premium based upon the predetermined rate and exposure basis shown in the Declarations. Regardless of whether your premium is flat or adjustable the premium amount shown in the Declarations as the minimum will be the least amount that will be charged for this policy unless the policy is cancelled. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. H. The following definitions under Section V Definitions are replaced by the following 19. Retained Limit means the available limits of all 24. 25. underlying insurance and the self insured retention whichever applies. Underlying Insurance includes a. any policies of insurance listed in the declarations under the Schedule of underlying insurance and b. any other insurance available to the insured whether primary excess excess umbrella umbrella or contingent and irrespective of whether the insured elects to call upon such insurance to respond but only when such other insurance provides the same type of coverage provided in the policies listed in the Schedule of underlying insurance. Underlying insurance does not include any policy which was purchased specifically to apply in excess of the limits of liability that apply under this policy. Underlying Insurer means any insurer which provides any policy of insurance falling within the definition of underlying insurance. CUT2767 14 Includes copyrighted material of ISO Properties Inc. with its permission. Page 2 0of 2
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COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN EXPOSURE FOLLOWING FORM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM This policy does not apply to bodily injury property damage or personal and advertising injury arising out of any on going operations or bodily injury or property damage included within the products completed operations hazard outside of the United States of America including its territories and possessions Canada and Puerto Rico unless coverage is provided by underlying insurance. Coverage provided by this insurance will not be broader than the coverage provided by the underlying insurance. CU72938 06 Page 1 of 1
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COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UMBRELLA LIABILITY AMENDMENT FOLLOWING FORM This endorsmenet modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM This endorsement does not apply to liability arising out of the following unless coverage is provided by underlying insurance. Coverage provided by this endorsement will not be broader than such underlying insurance. A. NEWLY ACQUIRED INTERESTS In paragraph 1.c.1 of SECTION Il WHO IS AN INSURED 90th day is changed to 180th day.. DUTIES IN THE EVENT OF OCCURRENCE CLAIM OR SUIT Paragraph 3. of SECTION IV CONDITIONS is amended by the following provision 1. The requirement in Condition 3.a. that you must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim applies only when the occurrence or offense is known to a. You if you are an individual or a limited liability company b. Apartner if you are a partnership c. A manager if you are a limited liability company d. An executive officer or insurance manager if you are a corporation or e. Atrustee if you are a trust. 2. The requirement in Condition 3.b. that you must see to it that we receive notice of a claim or suit as soon as practicable will not be considered breached unless the breach occurs after such claim or suit is known to a. You if you are an individual or a limited liability company b. A partner if you are a partnership c. A manager if you are a limited liability company d. An executive officer or insurance manager if you are a corporation or e. Atrustee if you are a trust. C. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES Paragraph 7. REPRESENTATIONS OR FRAUD OF SECTION IV CONDITIONS is replaced as follows 7. REPRESENTATIONS OR FRAUD By accepting this policy you agree a. The statements in the Application are accurate and complete b. The information in underlying insurance is accurate and complete c. Those statements are based upon representations you made to us and d. We have issued this policy in reliance upon your representations. e. This policy may be voided in case of fraud or material misrepresentation by you. If you unintentionally fail to disclose any exposures existing at the inception date of your policy we will not deny coverage under this Coverage Part solely because of such failure to disclose. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. CU7404.110 08 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10of 1
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COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS OCCURRENCE DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART For the purposes of the coverage provided by this endorsement Section V DEFINITIONS Paragraph 13. is amended to read Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions and also means accidental property damage but does not include faulty workmanship which is the defective condition of an insured s or subcontractor s work without a change or alteration in your work. CUT43811 09 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10of 1
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COMMERCIAL LIABILITY UMBRELLA 20122013 COMMERCIAL LIABILITY UMBRELLA MULTISTATE FORMS REVISION ADVISORY NOTICE TO POLICYHOLDERS This is a summary of the major changes to your policy. No coverage is provided by this summary nor can it be construed to replace any provisions of your policy or endorsements. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this summary THE PROVISIONS OF THE POLICY SHALL PREVAIL. The major areas within the policy that broaden or reduce coverage and other changes are highlighted below. This notice does not reference every editorial change made in your policy. We have followed the policy sequence of provisions in setting out this material. Please contact your agent to discuss any questions. Your right to cancel remains unchanged. CU 00 01 04 13 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM I. INSURING AGREEMENT REDUCTIONS OF COVERAGE Coverage A and Coverage B Insuring Agreements are revised to add a provision stating that the insurance provided under this Coverage Form applies to injury or damage that is subject to an applicable retained limit. This revision also addresses how this Coverage Form applies with respect to any other limits including sublimits in the underlying insurance. This revision may result in a reduction of coverage if a limit of insurance in the underlying insurance is not specified in the Commercial Liability Umbrella Declarations under the Schedule of underlying insurance. Il. EXCLUSIONS A. BROADENING OF COVERAGE 1. Coverage A Exclusion 2.c. Liquor Liability is revised to provide an exception with respect to permit ting a person to bring alcoholic beverages onto the named insured s premises for consumption on the named insured s premises. 2. Coverage A Exclusion 2.t. Electronic Data is revised to introduce an exception for liability for damag es because of bodily injury. B. REDUCTIONS OF COVERAGE Coverage A Exclusion 2.s.2 and Coverage B Exclusion 2.a.15b Professional Services are revised to reference that the exclusion applies to preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications. C. OTHER CHANGES 1. Coverage A Exclusion 2.c. Liquor Liability is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. This exclusion is also revised to reinforce that the exclusion is follow form and may follow the provisions of the applicable underlying insurance. 2. Coverage A Exclusions 2.g. Employer s Liability 2.i. Pollution 2.j. Aircraft Or Watercraft and 2.t. Electronic Data are revised to reinforce certain follow form provisions with respect to these exclusions. 3. Coverage A Exclusion 2.s. and Coverage B Exclusion 2.a.15 Professional Services are revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured. Additionally Coverage A Exclusion s.11 and Coverage B Exclusion 15k are revised to delete the exception to the exclusion pertaining to the services in the practice of pharmacy. 4. Coverage A Exclusion 2.u. and Coverage B Exclusion 2.a.17 Recording And Distribution Of Material Or Information In Violation Of Law addressing injury or damage arising out of any action or omission that violates or is alleged to violate certain statutes ordinances and regulations were previous ly added to your policy via mandatory endorsement. This exclusion has been incorporated directly into your policy. Ccu831712 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f5
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5. Coverage B Exclusion 2.a.2 and 2.a.3 Material Published With Knowledge Of Falsity and Material Published Prior To Policy Period are revised to reference in any manner with respect to oral or written publication for consistency with the definition of personal and advertising injury. 6. Who Is An Insured This provision is revised to provide that if coverage provided to the additional insured is required by contract or agreement the most the insurer will pay on behalf of the additional in sured is the amount of insurance required by the contract or agreement less any amounts payable by underlying insurance or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. This provision is also revised to reinforce an exception with regard to liability arising out of the owner ship maintenance or use of a covered auto concerning employees to expressly address bodily injury to the spouse child parent brother or sister of a fellow employee. 7. Condition 2. Bankruptcy is revised to reinforce that bankruptcy or insolvency of the underlying insurer will not relieve us of our obligations. 1ISO MULTISTATE ENDORSEMENTS BROADENING OF COVERAGE 1. Electronic Data Liability Endorsement CU0402 is revised to introduce an exception to the electronic data exclusion in order to provide that the exclusion does not apply to liability for damages because of bodily injury. Druggists Endorsement CU2220 is revised to introduce an exception with respect to the administering of vaccinations. REDUCTIONS OF COVERAGE 1. Liquor Liability Exclusion Endorsements The following endorsements are revised to indicate that the liquor liability exclusion applies with respect to a named insured permitting any person to bring any alcoholic beverages on the named insured s premises for consumption on the named insured s premises CU2113 Amendment Of Liquor Liability Exclusion CU2114 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities Exclusion Cross Suits Liability Endorsement CU2126 is introduced to exclude coverage under both Coverage A and Coverage B for any claim or suit for damages due to bodily injury property damage or personal and advertising injury that is brought by any named insured under the policy against another named insured under the policy. Amendment Of Personal And Advertising Injury Definition Endorsement CU2413 is introduced to remove from the definition of personal and advertising injury the offense of oral or written publication in any manner of material that violates a person s right of privacy. OTHER CHANGES 1. Exclusion Intercompany Products Suits Endorsement CU2108 is revised for consistency with the wording of Exclusion Cross Suits Liability Endorsement CU2126. Liquor Liability Exclusion Endorsements The following endorsements are revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol CU2113 Amendment Of Liquor Liability Exclusion CU2114 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities Professional Services Endorsements a. The following endorsements are revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured CU2115 Exclusion Financial Services CU2175 Exclusion Insurance And Related Operations CU2218 Optical And Hearing Aid Establishments Includes copyrighted material of ISO Properties Inc. with its permission. CUB3712 13 Page 2 of 5
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CU2220 Druggists CU2263 Druggists Broadened Coverage CU2284 Exclusion Testing Or Consulting Errors And Omissions CU2285 Exclusion Internet Service Providers And Internet Access Providers Errors And Omissions CU2286 Professional Liability Exclusion Web Site Designers b. The following endorsements are introduced to explicitly reinforce excluded coverage for certain profes sional services. In addition these new endorsements expressly exclude coverage with respect to claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured CU2141 Exclusion Counseling Services CU2149 Exclusion Professional Veterinarian Services CU2159 Exclusion Diagnostic Testing Laboratories CU2268 Exclusion Professional Services Blood Banks CU2283 Professional Liability Exclusion Computer Software CU2293 Professional Liability Exclusion Computer Data Processing CU2294 Professional Liability Exclusion Electronic Data Processing Services And Computer Consulting Or Programming Services 4. Exclusion Failure To Supply Endorsement CU2209 is revised to expressly state that the exclusion applies to the failure of any insured to adequately supply biofuel. 5. Businessowners Liability Changes Endorsement CU2429 is introduced to modify the Commercial Liability Umbrella Coverage Form to promote greater compatibility with respect to limits of insurance related to an underlying Businessowners Policy. The endorsement provides in part that ultimate net loss because of bodily injury property damage and personal and advertising injury is subject to the Each Occurrence Limit. 6. Amendment Of Insured Contract Definition Endorsement CU2430 and Limited Contractual Liability Railroads Endorsement CU2431 are revised to reflect that the defined term insured contract addresses certain liability assumed by the named insured with respect to the tort liability of another party to the extent the assumption of tort liability is permitted by law. 7. Underlying Claims made Coverage Endorsement CU2700 is revised to reference in any manner with respect to oral or written publication for consistency with the definition of personal and advertising injury in the Commercial Liability Umbrella Coverage Form. 8. Extended Reporting Period Endorsement For Employee Benefits Liability Coverage Endorsement CU2710 is revised to address certain extended reporting period provisions of Employees Benefits Liability Coverage Endorsement CU0403. EMC MULTISTATE ENDORSEMENTS OTHER CHANGES 1. Commercial Amendment of Coverage Endorsements CU7276 and CU7276.1 have been amended per the following We have removed the Coverage A and Coverage B Insuring Agreements formerly Paragraphs A. and C. and the amendments to the Insuring Agreements Paragraphs B. and D. because the sentence We will have no duty to defend any suit that any other insurer has a duty to defend has been moved to the Other Insurance section. Due to this change there is no need to include these Insuring Agreements within these endorsements as it is now a duplication of the Insuring Agreements found in the Commercial Liability Umbrella Coverage Form. We are relettering several paragraphs for readability purposes. New Paragraph A. is the same as former Paragraph E. new Paragraph C. is the same as former Paragraph N. new Paragraph D. is the same as former Paragraph ew Paragraph F. is the same as former Paragraph P. new Paragraph H. is the same as former Paragraph J. new Paragraph I. is the same as former Paragraph L. and new Paragraph J. is the same as former Paragraph M. We have replaced the Aircraft or Watercraft Exclusion formerly Paragraph F.. We have restructured it by removing the additional numbering which is not necessary. Although the formatting has changed there is no change in the actual wording itself. We have also added one additional paragraph which states that if this exclusion does not apply to watercraft risks then coverage for those risks will follow the same provisions exclusions and limitations that are contained in the underlying coverage. This is a clarification of underwriting intent however some may view this as a reduction in coverage. CU831712 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 30f 5 Page 30f 5
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We have removed the Professional Services Exclusions formerly Paragraphs G. and 1. as they are a duplication of each other and the Professional Services Exclusion found in the Commercial Liability Umbrella Coverage Form. We have removed the Electronic Data Exclusion formerly Paragraph H. as it is a duplication of the Electronic Data Exclusion found in the Commercial Liability Umbrella Coverage Form. We have added new language to the Limits of Insurance section of the Commercial Liability Umbrella Coverage Form. The new language specifically addresses how the policy will pay for any covered professional services claims. This is a clarification of underwriting intent however some may view this as a reduction in coverage. We are revising the Other Insurance Condition Paragraph 5. by removing subparagraph c. as this is a duplication of wording already found in the Commercial Liability Umbrella Coverage Form. We are also combining subparagraphs a. and b. and adding wording that was formerly found under this endorsement s Insuring Agreements. 2. Commercial Amendment of Coverage Endorsement CU7276.3 has been amended per the following We have removed the Coverage A and Coverage B Insuring Agreements formerly Paragraphs A. and C. and the amendments to the Insuring Agreements Paragraphs B. and D. because the sentence We will have no duty to defend any suit that any other insurer has a duty to defend has been moved to the Other Insurance section. Due to this change there is no need to include these Insuring Agreements within this endorsement as it is now a duplication of the Insuring Agreements found in the Commercial Liability Umbrella Coverage Form. We are relettering several paragraphs for readability purposes. New Paragraph B. is the same as former Paragraph M. new Paragraph C. is the same as former Paragraph N. new Paragraph E. is the same as former Paragraph O. new Paragraph G. is the same as former Paragraph I. new Paragraph H. is the same as former Paragraph K. new Paragraph. is the same as former Paragraph L. We have replaced the Aircraft or Watercraft Exclusion formerly Paragraph E.. We have restructured it by removing the additional numbering which is not necessary. Although the formatting has changed there is no change in the actual wording itself. We have also added one additional paragraph which states that if this exclusion does not apply to watercraft risks then coverage for those risks will follow the same provisions exclusions and limitations that are contained in the underlying coverage. This is a clarification of underwriting intent however some may view this as a reduction in coverage. We have removed the Professional Services Exclusions formerly Paragraphs F. and H. as they are a duplication of each other and the Professional Services Exclusion found in the Commercial Liability Umbrella Coverage Form. We have removed the Electronic Data Exclusion formerly Paragraph G. as it is a duplication of the Electronic Data Exclusion found in the Commercial Liability Umbrella Coverage Form. We have added new language to the Limits of Insurance section of the Commercial Liability Umbrella Coverage Form. The new language specifically addresses how the policy will pay for any covered professional services claims. This is a clarification of underwriting intent however some may view this as a reduction in coverage. We are revising the Other Insurance Condition Paragraph 5. by removing subparagraph c. as this is a duplication of wording already found in the Commercial Liability Umbrella Coverage Form. We are also combining subparagraphs a. and b. and adding wording that was formerly found under this endorsement s Insuring Agreements. EMC STATE SPECIFIC ENDORSEMENTS OTHER CHANGES Commercial Umbrella Amendment of Coverage Wisconsin Schools CG7276.4 has been amended per the following We have removed the Coverage A and Coverage B Insuring Agreements formerly Paragraphs A. and C. and the amendments to the Insuring Agreements Paragraphs B. and D. because the sentence We will have no duty to defend any suit that any other insurer has a duty to defend has been moved to the Other Insurance section. Due to this change there is no need to include these Insuring Agreements within this endorsement as it is now a duplication of the Insuring Agreements found in the Commercial Liability Umbrella Coverage Form. We are relettering several paragraphs for readability purposes. New Paragraph A. is the same as former Paragraph E. new Paragraph C. is the same as former Paragraph I. new Paragraph D. is the same as former Paragraph O. new Paragraph E. is the same as former Paragraph P. new Paragraph G. is the same as former Paragraph Q. new Paragraph H. is the same as former Paragraph L. new Paragraph I. is the same as former Paragraph K. new Paragraph J. is the same as former Paragraph M. and new Paragraph K. is the same as former Paragraph N. Includes copyrighted material of ISO Properties Inc. with its permission. CUB3712 13 Page 4 of 5
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We have replaced the Aircraft or Watercraft Exclusion formerly Paragraph F.. We have restructured it by removing the additional numbering which is not necessary. Although the formatting has changed there is no change in the actual wording itself. We have also added one additional paragraph which states that if this exclusion does not apply to watercraft risks then coverage for those risks will follow the same provisions exclusions and limitations that are contained in the underlying coverage. This is a clarification of underwriting intent however some may view this as a reduction in coverage. We have removed the Professional Services Exclusions formerly Paragraphs G. and J. as they are a duplication of each other and the Professional Services Exclusion found in the Commercial Liability Umbrella Coverage Form. We have removed the Electronic Data Exclusion formerly Paragraph H. as it is a duplication of the Electronic Data Exclusion found in the Commercial Liability Umbrella Coverage Form. We have added new language to the Limits of Insurance section of the Commercial Liability Umbrella Coverage Form. The new language specifically addresses how the policy will pay for any covered professional services claims. This is a clarification of underwriting intent however some may view this as a reduction in coverage. We are revising the Other Insurance Condition Paragraph 5. by removing subparagraph c. as this is a duplication of wording already found in the Commercial Liability Umbrella Coverage Form. We are also combining subparagraphs a. and b. and adding wording that was formerly found under this endorsement s Insuring Agreements. Includes copyrighted material of ISO Properties Inc. with its permission. Ccu831712 13 Page 50f 5
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COMMERCIAL LIABILITY UMBRELLA ADVISORY NOTICE TO POLICYHOLDERS This Notice summarizes coverage changes that may affect your Commercial Liability Umbrella Coverage. No coverage is provided by this summary nor can it be construed to replace any provisions of your policy or endorsements. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this summary THE PROVISIONS OF THE POLICY SHALL PREVAIL. Please contact your agent to discuss any questions. Your right to cancel remains unchanged. Broadening of Coverage CU7426 07 14 Dealers Endorsement CU7426.1 07 14 Louisiana Dealers Endorsement CU7426.2 07 14 Ohio Dealers Endorsement CU7426.3 07 14 Texas Dealers Endorsement Paragraph A.1.a. in Section Bodily Injury And Property Damage Liability has been added to track with the applicable portion of the corresponding Care Custody Or Control Exclusion in the underlying Garage Coverage Form. Paragraph A.2.c. was added. Leased Autos were previously excluded with the exception of a covered auto you rent to one of your customers while their auto is left with you for service or repair. In the revised form we have added two additional exceptions to the Leased Auto exclusion to include a covered auto you lease or rent to a salesman for use principally in your business and Leased autos if covered by underlying insurance. Section Il Who Is An Insured has been revised to expressly provide that employees are insureds while using a covered auto you do not own hire or borrow in your business or personal affairs. Paragraph A.1. in Section Ill Definitions has been revised to eliminate reference to electronic data. CU7426.4 07 14 Wisconsin Dealers Endorsement CU7426.5 07 14 New Hampshire Dealers Endorsement Paragraph A.2.c. was added. Leased Autos were previously excluded with the exception of a covered auto you rent to one of your customers while their auto is left with you for service or repair. In the revised form we have added two additional exceptions to the Leased Auto exclusion to include a covered auto you lease or rent to a salesman for use principally in your business and Leased autos if covered by underlying insurance. Reduction of Coverage CU 0402 05 14 Electronic Data Liability Endorsement For Use With The Commercial Liability Umbrella Coverage Part With respect to damages arising out of access or disclosure of confidential or personal information when this endorsement is attached to your policy e Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of cover age. e Under Coverage B Personal And Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. CUB3197 14 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f3 Page 10f3
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CU 2186 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability With Limited Bodily Injury Exception For Use With The Commercial Liability Umbrella Coverage Part. When this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of cover age. Under Coverage B Personal And Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. CU 2187 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Limited Bodily Injury Exception Not Included For Use With The Commercial Liability Umbrella Coverage Part. When this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of cover age. However when this endorsement is attached it will result in a reduction of coverage due to the deletion of an exception with respect to damages because of bodily injury out of loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. Under Coverage B Personal And Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. CU 2188 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information Coverage B Only For Use With The Commercial Liability Umbrella Coverage Part When this endorsement is attached to your policy coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. CU7426 07 14 Dealers Endorsement CU7426.1 07 14 Louisiana Dealers Endorsement CU7426.2 07 14 Ohio Dealers Endorsement CU7426.3 07 14 Texas Dealers Endorsement CU7426.4 07 14 Wisconsin Dealers Endorsement CU7426.5 07 14 New Hampshire Dealers Endorsement In Paragraph A.2. new exclusions were added that apply to Bodily Injury Property Damage Personal and Advertising Injury Liability. These exclusions include Liability of others assumed by you under any contract or agreement for goods or products sold handled or distributed by you. The performance or nonperformance of any clerical or professional function or duty in the conduct of your business as a loan financier insurance agent insurance broker insurance consultant safety consultant or claims handler. The ownership maintenance use including loading or unloading operation or entrustment to another of any leased auto with exceptions. When an exception to the Leased Autos exclusion applies we have clarified that the coverage does not apply to liability of any person or organization to whom an auto has been leased. Also a definition for Leased Autos has been added to Paragraph B. in Section Ill Definitions. Note For those policies that had CU7274 Auto Truck Motorcycle Dealers Endorsement the coverages andor exclusions provided under CU7274 Auto Truck Motorcycle Dealers Endorsement are being incorporated into CU7426 Dealers Endorsement since CU7274 Auto Truck Motorcycle Dealers Endorsement is being withdrawn. CUB3197 14 Page 20f 3 Includes copyrighted material of ISO Properties Inc. with its permission.
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In the revised CU 7426 Dealers Endorsement we have clarified that the exclusion of liability of others assumed by you under contract or agreement for goods or products sold handled or distributed by you apply to Bodily Injury Property Damage and Personal and Advertising Injury Liability. We also added a definition for Leased Autos that conforms to the definition provided in the underlying auto endorsement. These clarifications could be deemed as a reduction in coverage depending on coverage interpretation. Other Change CU7276 07 14 Commercial Umbrella Amendment of Coverage CU7276.1 07 14 Louisiana Commercial Umbrella Amendment of Coverage CU7276.3 07 14 Vermont Commercial Umbrella Amendment of Coverage CU7276.4 07 14 Commercial Umbrella Amendment of Coverage Wisconsin Schools Your underlying commercial auto policy is being revised including revised definitions for mobile equipment and auto. As a result we are deleting references to the prior definitions within our endorsement. We are also deleting our amendment to Section Il Who Is An Insured in this endorsement as with these changes mobile equipment registered under any motor vehicle insurance law will now be considered an auto. CU7426 07 14 Dealers Endorsement CU7426.1 07 14 Louisiana Dealers Endorsement CU7426.2 07 14 Ohio Dealers Endorsement CU7426.3 07 14 Texas Dealers Endorsement CU7426.4 07 14 Wisconsin Dealers Endorsement CU7426.5 07 14 New Hampshire Dealers Endorsement Your underlying Garage Coverage Form has been revised to reflect that only auto and trailer dealer risks are eligible to be written under this form. For consistency with the changes to your underlying policy this endorsement has been revised to remove the parking or storing references since auto dealers are not in the business of parking or storing autos. This endorsement has been revised to remove reference to if your business is shown in the Declarations as an auto dealership. Lastly the endorsement has been renamed from Garage to Dealers Endorsement because of the applicable policies to which it should be attached and because coverages within former endorsement CU7274 Auto Truck Motorcycle Dealers Endorsement are being integrated. CU7426.4 Wisconsin Dealers Endorsement Paragraph B.2.b4 is being revised in response to 2011 Wisconsin Act 14 former A.B.4 to reflect the new minimum liability limits as a result of the changes under Sections 3 and through 10 of the law. In addition statutory reference to WIS. STAT. Section 344.01 2am are replaced with WIS STAT. ch.344 in which the minimum liability limits are contained. CU83197 14 Page 30f 3 Includes copyrighted material of ISO Properties Inc. with its permission.
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CNA IMPORTANT INFORMATION NOTICE OFFER OF TERRORISM COVERAGE NOTICE DISCLOSURE OF PREMIUM THIS NOTICE DOES NOT FORM A PART OF YOUR POLICY GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY You are hereby notified that under the Terrorism Risk Insurance Act as extended and reauthorized Act you have a right to purchase insurance coverage of losses arising out of acts of terrorism as defined in Section 1021 of the Act subject to all applicable policy provisions. The Terrorism Risk Insurance Act established a federal program within the Department of the Treasury under which the federal government shares with the insurance industry the risk of loss from future terrorist attacks. This Notice is designed to alert you to coverage restrictions and to certain terrorism provisions in the policy. If there is any conflict between this Notice and the policy including its endorsements the provisions of the policy including its endorsements apply. CHANGE IN THE DEFINITION OF A CERTIFIED ACT OF TERRORISM The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. Originally the Act provides that to be certified an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. However the 2007 reauthorization of the Act no longer requires the act of terrorism to be committed by or on behalf of a foreign interest and certified acts of terrorism now encompass for example a terrorist act committed against the United States government by a United States citizen when the act is determined by the federal government to be a certified act of terrorism. In accordance with the Act we are required to offer you coverage for losses resulting from an act of terrorism that is certified under the federal program. The policy s other provisions including nuclear war or military action exclusions will still apply to such an act. The premium charge for terrorism coverage is shown separately on your Policy Declarations and is also included in the total premium. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. LIMITATION ON PAYMENT OF TERRORISM LOSSES applies to policies which cover terrorism losses insured under the federal program including those which only cover fire losses If aggregate insured losses attributable to terrorist acts certified under the Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. Further this coverage is subject to a limit on our liability pursuant to the federal law where if aggregate insured losses attributable to terrorist acts certified under the Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. G144233 F Page 1 of 1 Ed. 0108 2USE05L5E180S050002007
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CNA POLICYHOLDER NOTICE CNA Commercial Insurance 333 S. Wabash Ave. Chicago lllinois 60604 4153 40020005050851357503573 Regarding Your CNA Commercial Insurance Coverage Dear CNA Policyholder Ethics and proper business conduct has been the cornerstone of CNA since 1897. While much has changed during the last century our commitment to these core values has not wavered. We strongly believe that proper business conduct is more than the practice of avoiding wrong it is also a matter of choosing to do right. Nowhere is this more essential than helping in the fight against terrorism. As such we are committed to complying with U.S. Department of Treasury Office of Foreign Asset Control OFAC requirements. Through a variety of laws OFAC administers and enforces economic sanctions against countries and groups of individuals such as terrorists and narcotics traffickers. These laws prohibit all United States citizens including corporations and other entities and permanent residents from engaging in transactions with sanctioned countries and with individuals and entities on the Specially Designated Nationals SDN list. Because all U.S. citizens and companies are subject to this law we wanted to be sure you were aware of its scope and restrictions. If you have nt already done so you may want to consider discussing this issue with your legal counsel to ensure you are in compliance. For insurance companies accepting premium from issuing a policy to insuring property of or making a claim payment to an individual or entity that is the subject of U.S.imposed economic sanctions or trade embargoes usually are violations of these laws and regulations. Fines for violating OFAC requirements can be substantial. CNA has established an OFAC compliance program part which includes the use of exclusionary policy language. We believe this makes good business sense for CNA and you. The purpose of this letter is to advise you that your renewal policy includes OFAC exclusionary policy language which may reduce or eliminate certain coverage. Specifically if it is determined that your policy violates certain Federal or State laws or regulations such as the U.S. list of Specially Designated Nationals or Blocked Persons organizations or individuals associated with terrorist groups any term or condition of your policy will be and void to the extent it violates the applicable laws or regulations of the United States. We re sure you share our commitment to compliance and thank you for your cooperation. G145041 A Ed. 0503 Page 1 of 1
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CNA Commercial Umbrella Renewal Declaration POLICY NUMBER B 5085135750 COVERAGE PROVIDED BY CONTINENTAL CASUALTY COMPANY 333 S. WABASH CHICAGO IL. 60604 INSURED NAME AND ADDRESS Yorkville Endoscopy LLC 201 EAST 93RD STREET NEW YORK NY 10128 AGENCY NAME AND ADDRESS LOCKTON COMPANIES LLC 444 W. 47TH ST. 900 KANSAS CITY MO 64112 Phone Number 816960 9000 BRANCH NAME AND ADDRESS KANSAS CITY BRANCH 5901 COLLEGE BLVD. STE. 400 OVERLAND PARK KS 66211 Phone Number 913661 2700 FROM POLICY PERIOD TO 06012014 06012015 AGENCY NUMBER 060692 BRANCH NUMBER 310 This policy becomes effective and expires at 1201 A.M. standard time at your mailing address on the dates shown above. The Named Insured is a Limited Liability Company Your policy is composed of this Declarations with the attached Coverage Forms and Endorsements if any. The Policy Forms and Endorsement Schedule shows all forms applicable to this policy at the time of policy issuance. PREMIUM Estimated Estimated Premium Basis Exposure Rate Premium Flat Charge 52726 Minimum Premium 2726 Annual Total Policy Premium 2726.00 Your Premium includes the following amount for Certified Acts of Terrorism Coverage 27.00 Audit Period is Not Auditable 27.00 Page INSURED
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POLICY NUMBER B 5085135750 INSURED NAME AND ADDRESS Yorkville Endoscopy LLC 201 EAST 93RD STREET NEW YORK NY 10128 ITEM 3 POLICY LIMITS OF LIABILITY Each Incident 5000 000 Aggregate 5000000 ITEM 4 RETAINED LIMIT Retained Limit 10000 ITEM 5 SCHEDULE OF UNDERLYING INSURANCE Underlying Insurer Policy Number Underlying Limit of Policy Period Insurance Coverages Liability Continental Casualty Company General FEach Occurrence Limit 1000000 Liability General Aggregate Limit 2000 000 Applies per location 5085135201 Does nt apply per project Eff 06012014 to 06012015 Products Completed Operations 2000000 Aggregate Limit Personal and Advertising 1000 000 Injury Liability Limit Continental Casualty Company Automobile Combined Bodily Injury and Liability Property Damage Liability Each Accident Limit 1000 000 5085135201 Bodily Injury Liability Each Person Limit Eff 06012014 to 06012015 Each Accident Limit Property Damage Liability Each Accident Limit Valley Forge Insurance Co. Employers Bodily Injury By Accident Liability Each Accident Limit 1000 000 Bodily Injury By Disease 5085135229 Each Employee Limit 1000 000 Policy Limit 1000 000 Eff 06012014 to 06012015 Continental Casualty Company Employee Each Employee Limit 1000000 Benefit Limit Aggregate Limit 52000000 5085135201 Eff 06012014 to 06012015 nan nan nan nan 85135201.0 nan nan nan nan 85135201.0 nan nan nan nan 85135229.0 Disease Limit nan nan nan nan 85135201.0 ggregate Limit Page INSURED
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POLICY NUMBER B 5085135750 INSURED NAME AND ADDRESS Yorkville Endoscopy LLC 201 EAST 93RD STREET NEW YORK NY 10128 FORMS AND ENDORSEMENTS SCHEDULE Form Number G115922A G115928A G116393A G144239A G144291A G146878A G147133A G147135A G147157A31 G147232A G15057A G16197B G16375E G16663A G16912A31 G17900A G17902A G17909A31 G18132C31 G300968A IL0017 P56015B 061995 061995 061995 012003 032003 052005 012004 012004 032005 012005 101989 071992 012004 101991 091991 011992 011992 011992 022013 062010 111998 111991 Form Title Aircraft Limitation UMB Employment Related Practices Exclusion UMB Contractual Liability Limitation War Liability Exclusion Economic And Trade Sanctions Condition EXCLUSION VIOLATION OF STATUTES Amendment of Definitions Endorsement Amendment of Property Damage Exclusion Endt Exclusion Silica LOSSES FROM ACTS OF TERRORISM LIMITATION Commercial Umbrella Plus Coverage Part Amendatory Endorsement New York Contractor Limitation Endorsement NY Changes Transfer of Duties When Limit Used Up Amendatory Endorsement Policy Territory Personal Injury Liability Limitation Endorsement Advertising Injury Liability Limitation Endorsemen Automobile Liability Limitation Endorsement NY Amendment of Insuring Agreement Employee Benefit Medical Malpractice Professional Liab Exclusion Common Policy Conditions Known or Continuing Injury or Damage PLEASE READ THE ENCLOSED IMPORTANT NOTICES CONCERNING YOUR POLICY Form Number Form Title G138885A 042000 Important Information Policyholder Notice G144233F 012008 Notice Offer of Terrorism Disclosure of Premium G145041A 052003 IMP INF Economic And Trade Sanctions Condition G145661A 092003 Important Information War Liability Exclusion Yeowas L Mearnl Chairman of the Board P43770 B Ed. 1089 Countersignature Mum Page INSURED
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G115922 A Ed. 0695 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AIRCRAFT LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART It is agreed that exclusion h. of SECTION COVERAGES is deleted and replaced by the following This insurance does not apply to h. Liability arising out of the ownership maintenance operation use or loading or unloading of any aircraft. However this exclusion does not apply if liability for aircraft is scheduled in this policy s Schedule of Underlying In surance for the full limits shown and then only for such liability for which coverage is afforded under the scheduled underlying insurance. SLGE05.5E1580S050002007 G115922 A Ed. 0695 Page 1 of 1
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G115928 A Ed. 0695 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART 1. The following exclusion is added to part 2. Exclu sions. of SECTION COVERAGES This insurance does not apply to Bodily injury or personal injury arising out of any a. Refusal to employ b. Termination of employment c. Coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or other employment related prac tices policies acts or omissions or d. Consequential bodily injury or consequential personal injury as a result of a. through c. above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or to re pay someone else who must pay damages because of the injury. 2. The definition for personal injury in SECTION V DEFINITIONS is deleted and replaced by the follow ing Personal injury means injury other than bodily in jury or injury excluded by 1. above or Exclusion 2.r. of SECTION COVERAGES arising out of more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. Wrongful eviction from wrongful entry into invasion of the right of private occupanc room dwelling or premises that a persor pies by or on behalf of its owner landlord sor d. Discrimination unless such insurance is ited by law e. Humiliation. Libel g. Slander or defamation of character or h. Invasion of rights of privacy all of which are committed in the conduct of sured s business except for coverage that is a under Advertising Injury. SECTION COVERAGES arising out of one or more of the following offenses a. b. c. g. h. False arrest detention or imprisonment Malicious prosecution Wrongful eviction from wrongful entry into or the invasion of the right of private occupancy of a room dwelling or premises that a person occu pies by or on behalf of its owner landlord or les sor Discrimination unless such insurance is prohib ited by law Humiliation Libel Slander or defamation of character or Invasion of rights of privacy all of which are committed in the conduct of an in sured s business except for coverage that is afforded under Advertising Injury. G115928 A Ed. 0695 Page 1 of 1
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G116393 A Ed. 0695 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART This insurance does not apply to any liability assumed by an insured under any contract or agreement. Accordingly 1. SECTION V DEFINITIONS is amended to delete the definition of insured contract. 2. Exclusion d. e. g. and j. of SECTION COVER AGES are amended to remove any coverage for liabil ity assumed under an insured contract or sidetrack agreement. This exclusion does not apply 1. If such liability is covered by valid and collectible un derlying insurance as listed in the Schedule of Under lying Insurance for the full limits shown therein and then only for such liability for which coverage is af forded under said underlying insurance or 2. To liability for damages that the insured would have in the absence of the contract or agreement. LLSE0SLSE1S80S050002007 G116393 A Ed. 0695 Page 1 of 1
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G144239 A Ed. 0103 CNA This endorsement modifies insurance provided under the following THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAR LIABILITY EXCLUSION COMMERCIAL UMBRELLA PLUS COVERAGE PART A. Exclusion i. under Paragraph 2. EXCLUSIONS of SECTION COVERAGES is replaced by the following 2. Exclusions Bodily injury property damage personal injury or advertising injury arising directly or indirectly out of 1 War including undeclared or civil war or Warlike action by a military including action in hindering or de against an actual or expected att any government sovereign or authority using military personnel agents or Insurrection rebellion revolution power or action taken by goverr authority in hindering or defending any of these. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. G144239 A Ed. 0103 Page 1 of 1
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G146878 A Ed. 0505 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION VIOLATION OF STATUTES THAT GOVERN COMMUNICATION OF INFORMATION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART EXCESS THIRD PARTY LIABILITY POLICY This insurance does not apply to any liability arising directly or indirectly out of any action or omission that violates or is alleged to violate a. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or b. The CAN SPAM Act of 2003 including any amendment of or addition to such law or c. Any statute ordinance or regulation other than the TCPA or the CAN SPAM Act of 2003 that prohibits or limits the sending transmitting communicating or distribution of material or information. All other terms conditions and exclusions of this policy remain unchanged. BLGE0SLSE1580S050002007 G146878 A Ed. 0505 Page 1 of 1
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G147133 A Ed. 0104 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF DEFINITIONS This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART SECTION V DEFINITIONS is amended as follows A. The definition property damage is deleted and replaced by the following Property damage means 1. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or 2. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Wherever they appear in the policy the phrases personal injury and advertising injury are deleted and replaced with the phrase personal and advertising injury. The definitons of personal injury and advertising Injury are deleted and replaced by the following Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses 1. False arrest detention or imprisonment 2. Malicious prosecution 3. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor 4. Oral or written publication in any mar material that slanders or libels a pel organization or disparages a persc organization s goods products or servi 5. Oral or written publication in any mant violates a person s right of privacy 6. The use of another s advertising idea advertisement or 7. Infringing upon another s copyright dress or slogan in your advertisement.. The definition of your product is delet replaced by the following Your product 1. means a. Any goods or products other thi property manufactured sold h distributed licensed by or disposec 1 You 2 Others trading under your nam 3 A person or organization business or assets you acquired and b. Containers other than ve materials parts or equipment furni connection with such goods or proc 2. includes a. Warranties or representations m any time with respect to the quality durability performance or your product and b. The providing of or failure to warnings or instructions. 3. does not include vending machines other property rented to or located for of others but not sold or licensed.. The definition Advertisement is added as AAdvartiecameant meane a natire that ie hre 4. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services 5. Oral or written publication in any manner that violates a person s right of privacy 6. The use of another s advertising idea in your advertisement or 7. Infringing upon another s copyright trade dress or slogan in your advertisement. The definition of your product is deleted and replaced by the following Your product 1. means a. Any goods or products other than real property manufactured sold handled distributed licensed by or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. 2. includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and b. The providing of or failure to provide warnings or instructions. 3. does not include vending machines or any other property rented to or located for the use of others but not sold or licensed. The definition Advertisement is added as follows Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition G147133 A Ed. 0104 Page 10f 2
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G147133 A Ed. 0104 Notices that are published include material placed on the Internet or on similar electronic means of communication and Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 6LSE05L5E1580S050002007 G147133 A Ed. 0104 Page 2 of 2
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G147135 A Ed. 0104 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF PROPERTY DAMAGE EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART EXCESS THIRD PARTY LIABILITY POLICY SECTION COVERAGES Exclusion j. paragraph 1 is organization or entity for the deleted and replaced by the following replacernent. enhanc restoration or maintenance property for any reason in prevention of injury to a pel damage to another s property 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for the repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property G147135 A Ed. 0104 Page 1 of 1
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G147157 A31 Ed. 0305 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION SILICA This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART EXCESS THIRD PARTY LIABILITY POLICY The following is added to SECTION COVERAGE 2. Exclusions This insurance does not apply to podily injury arising in whole or in part out of the actual alleged or threatened respiration or ingestion at any time of silica or property damage arising in whole or in part out of the actual alleged or threatened presence of particulate silica. personal and advertising injury arising in whole or in part out of the actual alleged or threatened exposure at any time to or the presence of particulate silica. As used in this endorsement silica means the chemical compound silicon dioxide SiOz in any form including dust which contains silica. All other terms conditions and exclusions of this policy remain unchanged. 089E05.5E15805050002007 G147157 A31 Ed. 0305 Page 1 of 1
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G147232 A Ed. 0105 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOSSES FROM ACTS OF TERRORISM LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART A. The following exclusion is added Except to the extent that coverage is provided by scheduled underlying insurance this insurance does not apply to bodily injury or property damage arising out of any act of terrorism G147232 A Ed. 0105 Page 1 of 1
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G15057 A Ed. 1089 CNA COMMERCIAL UMBRELLA PLUS COVERAGE PART Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the Com pany providing this insurance. The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V DEFINITIONS. SECTION COVERAGES 1. Insuring Agreement We will pay on behalf of the insured all sums that the insured becomes legally obligated to pay as ultimate net loss because of a. b. c. d. Bodily Injury Property Damage Personal Injury or Advertising Injury caused by an incident which takes place during the policy period and in the policy territory. 2. Exclusions This Insurance does not apply to Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect per sons or property. Advertising injury arising out of 1 Breach of contract other than mis appropriation of advertising ideas under an implied contract 2 The failure of goods products or services to conform with advertised quality or perform ance 3 The wrong description of the price of goods products or services or 4 An offense committed by an insured whose business is advertising broadcasting publish ing or telecasting. Personal injury or advertising injury 1 Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity 2 Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period 3 Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the insured or 4 For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the in sured would have in the absence of the con tract or agreement. Any obligation of the insured under a 1 workers compensation 2 disability benefits or 3 unemployment compensation law or any similar law. Paragraph 1 of this ex clusion does not apply to liability of others as sumed by the insured under a valid insured con tract which is in force at the time of an injury. Bodily injury to 1 An employee of the insured arising out of and in the course of employment by the insured or 2 The spouse child parent brother or sister of that employee as a consequence of 1 above. This exclusion applies 1 Whether the insured may be liable as an em ployer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to 1 Liability assumed by the insured under an insured contract or 1856055E1580505000200 G15057 A Ed. 1089 Page 1of 14
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